The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist’s name and likeness to promote it.
Elizabeth B. Hagan
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit’s categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
Jon Bachand and Ari Feinstein
The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
James A. Trigg and Chris Bussert
Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act
Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.
Howard Shire and Adam Fisher
Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
Citing ‘Steep Burden’ on Plaintiffs, Federal Circuit Denies Use of ‘Entire Market Value Rule’ in Cases Involving Multicomponent Products
Brian Kramer and Kevin T. Kwon
In re: HTC Corporation
The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court’s recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.
Ostensibly, GDPR’s mission is to strengthen and unify the EU’s protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
Jeff Ginsberg and Zhiqiang Liu
A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB’s Final Written Decision and That Petitioner Properly Submitted Evidence on Reply
Federal Circuit Rejects Patent Owner’s Time-Bar Defense Based on Privity
Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity
Richard Hung and Rachel Silverman Dolphin
In a 5-4 decision, with four justices dissenting, the U.S. Supreme Court struck down the Patent Trial and Appeal Board’s practice of instituting review on only a subset of an inter partes review (IPR) petitioner’s validity challenges.
Athul K. Acharya
Oil States Energy Services v. Greene’s Energy Group
Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group and the U.S. Supreme Court answered in the affirmative.