Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.Read More
Yes. Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate. Each time, Klhip's allegations have been found baseless (and Thursday's Amazon presence has been...Read More
Taser International, Inc. sued Phazzer Electronics, Inc. for patent infringement. The discovery history appears tortured.Read More
The Supreme Court will consider the scope of the on-sale bar to obtaining a patent. This decision has the potential to remove a substantial barrier to business encountered by many new and small businesses that own intellectual property assets.Read More
Commodores Entertainment Corporation has sued Thomas McClary, a former Commodores band member, for various trademark claims. Read More
The Supreme Court recently decided the Disparagement Clause of the Lanham Act is unconstitutional, paving the way for parties to register trademarks that were previously prohibited as ‘disparaging.’ The ruling also ends the long-running battle over the Washington Redskins’ trademarks.Read More
On remand from the Supreme Court, the Federal Circuit has declined to craft a test for calculating design patent damages when the patent-in-suit covers only a component of a larger product. Instead, it has been left to the Northern District of California to sort out the issue and hold a new trial, if necessary.Read More
The Supreme Court reversed Apple’s $399 million verdict against Samsung for infringing Apple’s design patents covering certain aspects of the iPhone. However, the Court’s decision arguably leaves critical questions unanswered.Read More
Yesterday, the Supreme Court heard oral argument in Star Athletica v. Varsity Brands, which turns on whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightableRead More
The Supreme Court will hear oral argument in Star Athletica v. Varsity Brands on October 31 to determine whether the stripes and chevrons found in Varsity Brands’ cheerleader uniforms are sufficiently “separable” from the overall uniform to be copyrightable.Read More
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