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Features

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration Image

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration

Theodore H. Davis Jr. & Samuel T. Kilb

In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.

Features

The Impact of <i>TC Heartland</i> on Copyright Venue Image

The Impact of <i>TC Heartland</i> on Copyright Venue

J. Alexander Lawrence

The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.

Features

Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks? Image

Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks?

Kyle-Beth Hilfer

The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.

Columns & Departments

IP News Image

IP News

Howard Shire & Michael Block

Federal Circuit Vacated The Denial of an Injunction Because a Causal Nexus for Multi-Feature Products Only Requires a Feature to be 'A Driver' of Demand<br>District Court Abused Discretion In Denying Attorneys' Fees, Where Plaintiff Continued to Litigate After Markman Order Made Its Position Untenable

Features

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress Image

<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress

Scott Graham

Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.

Features

Twists and Turns of Copyright Litigation Over <i>Jersey Boys</i> Musical Reach Latest Stage Image

Twists and Turns of Copyright Litigation Over <i>Jersey Boys</i> Musical Reach Latest Stage

Vincent Peppe

Since 2007, the development of the musical has been the source of protracted litigation that reached its latest stage in June 2017.

Features

Patent Infringement Image

Patent Infringement

Christopher Gaspar & Sean Hyberg

<b><i>Supreme Court Turns Back Clock</b></i><p>Although <i>TC Heartland v. Kraft Foods </i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & David Cooperberg

Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer<br>Federal Circuit Decisions Offer Guidance on Award of Attorney Fees under Section 285

Features

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision Image

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision

Robin L. McGrath

The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.

Features

Transactions Triggering the 35 USC §102 On-Sale Bar Image

Transactions Triggering the 35 USC §102 On-Sale Bar

Pinar Bailey

Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.

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