In a unanimous decision authored by J. Kagan, the Supreme Court reversed the decision of the Second Circuit Court of Appeals in Kirstaeng v. Wiley not to award attorneys fees because the defendant’s position was “objectively...

On June 13, 2016 Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed an earlier decision of...

Several big beverage makers recently took each other on in a consolidated proceeding before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO). In the case of Royal Crown Company and Dr. Pepper/Seven...

In a stunning decision on May 26, 2016, a jury found that although Google was found guilty of copyright infringement, it would not be subject to billions of dollars in damages because the “Fair Use” Doctrine, as codified at 17 USC Section 107,...

Dennis Prahl’s article entitled, “California District Court Puts Baby in a Corner,”  reminds that federal trademark infringement claims may be preempted by claims under U.S. copyright...

In a 10 – 2  decision, the Court of Appeals for the Federal Circuit en banc this morning decided Lexmark v. Impression, holding that when a product is sold subject to  a lawful re-sale or use restriction, this restriction is effective to prevent...