Features
'Surrealistic' Suit Against Museum over Dalí Persona
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.
Features
Foreign Lost Profits Recoverable for Patent Damages
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 <i>WesternGeco LLC v. ION Geophysical</i> 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.
Features
Supreme Court to Review Post-AIA On-Sale Bar
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.
Features
“Registration” Means “Registration” … Or Does It?
<b><i>Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act</b></i><p>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.
Columns & Departments
IP News
Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings<br>Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products
Features
Affirmation of the Alien Venue Rule
<b><i>In re: HTC Corporation</b></i><p>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 <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
Features
General Data Protection Regulation: Defense or Offense?
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.
Columns & Departments
IP News
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<br>Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity<br>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
Features
Sending Out an SAS: Analyzing the <i>SAS Institute Inc. v. Iancu</i> Decision
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 <i>inter partes</i> review (IPR) petitioner's validity challenges.
Features
Supreme Court Gives <i>Inter Partes</i> Review the Green Light
<b><i>Oil States Energy Services v. Greene's Energy Group</b></i><p>Is <i>inter partes</i> review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in <i>Oil States Energy Services v. Greene's Energy Group</i> and the U.S. Supreme Court answered in the affirmative.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›