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TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC
Introduction In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic corporation...
Read ArticleA Multi-Layered Approach to Packaging Protection
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are anything but straightforward...
Read ArticleLaches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products
In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that the equitable...
Read ArticleSUPREME COURT RULES IN LIFE TECHNOLOGIES CORP. V. PROMEGA CORP.
On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of components of a patented...
Read ArticleCHURCH’S APPEAL TO A HIGHER AUTHORITY PREVAILS OVER ADIDAS
In Adidas AG v Christian Faith Fellowship Church (Cancellation No. 92053314), the Trademark Trial and Appeal Board (TTAB) had cancelled two federal trademark registrations for ADD A ZERO, owned by the Christian Faith Fellowship Church, on the...
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U.S. SUPREME COURT REVERSES DAMAGE AWARD IN SAMSUNG v APPLE
The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made on the entire article...
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