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Bradley Arant Boult Cummings LLP

A Super Touchy Reversal by the Federal Circuit Gives Taction Another Bite at Apple

Bradley Arant Boult Cummings LLP on

In a significant blow to Apple, the Federal Circuit recently vacated a summary judgment of noninfringement in the case of Taction Technology, Inc. v. Apple Inc. The dispute centers on Taction’s U.S. Patent Nos. 10,659,885 and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Finds the Appointment of PTAB Judges Unconstitutional and Provides Remedial Solution

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Yesterday, in Arthrex, Inc. v. Smith & Nephew, Inc., a panel of the Federal Circuit unanimously held that the appointment scheme for the Patent Trial and Appeal Board’s (PTAB) Administrative Patent Judges (APJ) is...more

Proskauer - Advertising Law

SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits

Proskauer - Advertising Law on

On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more

Foley Hoag LLP - Making Your Mark

Supreme Court to Decide Whether Trademark Owner Must Prove Willful Infringement to Obtain an Infringer's Profits

Foley Hoag LLP - Making Your Mark on

Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more

Fenwick & West LLP

Will SCOTUS Resolve the Circuit Split on Key Trademark Damages Issue?

Fenwick & West LLP on

A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

Mintz - Intellectual Property Viewpoints on

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

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