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The Supreme Court’s decision in Impression Products, Inc. v. Lexmark International, Inc., 581 U.S. __ (May 30, 2017), is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent. Issuing less than one week after its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ____ (May 22, 2017) — in which the Supreme Court wiped out 27 years of Federal Circuit precedent by holding that a corporation “resides” for patent litigation venue purposes only in its state of incorporation — the Supreme Court’s Impression Products decision further reins in the ability of patent owners to enforce their patent rights by holding that patent exhaustion precludes a patentee from using patent law to enforce post-sale restrictions on products sold by a patentee. (Note: For more on TC Heartland, see, “Supreme Court Turns Back Clock on Venue in Patent Infringement Litigation.”)
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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