Addressing the intersection of a trust beneficiary’s rights to royalties and an heir’s copyright termination rights under 17 U.S.C. § 203, the US Court of Appeals for the Sixth Circuit affirmed the district court’s order...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of copyright protection for a car that had a name but no anthropomorphic or protectable characteristics. Carroll Shelby Licensing, Inc. v....more
Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more
5/15/2025
/ Appeals ,
Appellate Courts ,
Counterfeiting ,
Damages ,
JMOL ,
Jury Trial ,
Lanham Act ,
Statutory Damages ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more
Addressing the issues of claim construction and the requisite expert qualifications to testify on obviousness and anticipation, the US Court of Appeals for the Federal Circuit vacated a Patent Trial & Appeal Board decision...more
The US Court of Appeals for the Federal Circuit upheld a decision on enhanced damages and prejudgment interest, concluding that the district court correctly applied the appropriate standard for enhanced damages in accordance...more
3/13/2025
/ Appeals ,
Attorney's Fees ,
Damages ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Post-Judgment Interest ,
Prejudgment Interest ,
SCOTUS ,
Technology Sector ,
WesternGeco LLC v Ion Geophysical Corporation
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
2/27/2025
/ Cross-Border ,
EU ,
France ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Unified Patent Court ,
United States ,
USPTO
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness determination even though it found the Board had improperly construed a claim term, because the Court found the error harmless...more