As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling.

Joel Tenenbaum was found liable for copyright infringement by a District of Massachusetts jury, based on his admitted sharing of about 30 songs online.

Although Inter Partes Review (IPR) is limited to grounds of unpatentability based upon prior art references, it is nevertheless possible to raise issues of written description or enablement...

In a dispute between San Francisco-based shoe companies, Rothy's sued Birdies for infringing design patents claiming the ornamental design for a shoe or a portion of a shoe.

While the Transitional Program for Post Grant Review of Covered Business Method proceedings and Post Grant Review proceedings are governed by many of the same statutory and regulatory provisions, several distinctions exist between them.

This article looks at relevant data for attorneys' fees awards in copyright law and provides a comparison and contrast to the attorneys' fees award standards and considerations in patent and trademark law.

Most companies licensing software under SPLA simply do not keep records regarding their usage quantities for past months.

Can a U.S. trademark owner sue a foreign defendant for trademark infringement where the defendant has only intended to use the allegedly infringing mark in the U.S.?

Acting USPTO Director Coke Morgan Stewart's decision in Omnivision Technologies, Inc. v. Re Secured Networks, LLC, IPR2025-01019, Paper 14 (PTAB Oct. 10, 2025) serves as an illustration...

The Court reiterated that the ordinary meaning of a claim term is its ordinary meaning to the ordinary artisan after reading the entire patent.

Developing a comprehensive strategy for protecting your innovation is essential to protecting your company's assets. Many innovations protected by applying...

The U.S. Court of Appeals for the Federal Circuit affirmed the validity of a reexamination proceeding, despite a reference used to reject the claims having been previously considered by both the Patent and Trademark Office (PTO), a district court and the Federal Circuit.

The authors present strategies for parties agreeing to a settlement to maximize the chances the PTAB will terminate an inter partes review, rather than see it to its end despite the parties' wishes.

For the second time in just a few months, the U.S. Patent and Trademark Office (USPTO) and the Department of Justice's Antitrust Division (DOJ) have teamed up to weigh...

Not often does the Trademark Trial and Appeal Board consider whether a drug is a drug. But that's what happened when the Board reviewed the mark THCTea—finding it misdescriptive.

Minn-Chem, Inc., et al. v. Agrium Inc., et al., No. 10-1712 (7th Cir. 2012) (en banc), is a decision of all the active sitting Judges of the United States Court of Appeals for the Seventh Circuit.

Nearly every court finds that client agents/consultants usually stand outside the privilege protection, unless they are necessary for the transmission of privileged communications.

As Americans, we all agree that everyone should get a fair hearing in our nation's courtrooms. Public defenders—lawyers assigned to those unable to afford one—ensure that every American's right to legal counsel, and a fair trial, is protected.

Parties may now seek discovery from district courts within the Sixth Circuit for use in foreign private arbitrations.

Federal courts have severely curtailed the availability of interlocutory review of district courts' denial of privilege or work product claims.