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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
Our IP & Technology Litigation Attorneys:
Section 101 in 2019
Snell & Wilmer Lawyers presented their article, Section 101 in 2019, at the ABA Section of Intellectual Property Law’s Annual Meeting in Arlington, Virginia, as part of a program, “101 ‘301’: Advanced Subject Matter Eligibility.” The article summarizes the existing patent eligibility test, discusses recent Federal Circuit decisions, and provides practical strategies for practitioners navigating the Section 101 landscape.
Posted in IP and Technology Litigation, Patent Litigation
| Tagged 35 U.S.C. 101, Alice, Federal Circuit, Mayo, Patent Eligibility, Patent Litigation, patentable subject matter, Section 101
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Federal Circuit Broadens Personal Jurisdiction Based on Patent Infringement Letters
By Daniel S. Ivie and David G. Barker A recent decision by the Federal Circuit has broadened the potential for declaratory judgment personal jurisdiction to exist based on letters sent to accused patent infringers in a foreign forum. In Jack Henry & Associates, Inc. v. Plano Encryption Technologies, LLC, the Federal Circuit appears to now require that a patentee make a “compelling case” that the exercise of jurisdiction in the foreign forum “would be unreasonable and unfair.” For years, the Federal Circuit has held that infringement letters, without more, “are not sufficient to satisfy the requirements of Due Process in Read More »
How Scandalous! SCOTUS Again Takes up Whether the Lanham Act Violates the First Amendment
By Shalayne Pillar and David G. Barker On Friday, the Supreme Court of the United States agreed to hear a case that will decide whether the federal ban on trademark protection for “scandalous” material is unconstitutional. In re Brunetti follows the U.S. Patent and Trademark Office’s (“USPTO’s”) denial of trademark registration for the word “Fuct,” which held that the mark “comprises immoral . . . or scandalous matter” and thus could not be registered under Section 2(a) of the Lanham Act. On appeal, the Federal Circuit sided with the applicant (discussed here), holding the statute violated the Free Speech provision Read More »
Posted in IP and Technology Litigation, Trademark Litigation
| Tagged Federal Circuit, First Amendment, Supreme Court, trademark
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Supreme Court to Decide Multiple IP Issues This Term
By Taryn J. Gallup and David G. Barker On October 26, 2018, the Supreme Court of the United States (“SCOTUS”) granted certiorari in two IP cases. In Mission Product Holdings, Inc. v. Tempnology, LLC, SCOTUS will address a circuit split on the effect bankruptcy has on trademark license rights. In Return Mail, Inc. v. U.S. Postal Service, et al., SCOTUS will address whether the government may challenge patents as a “person” under the America Invents Act (“AIA”). In Mission Product Holdings, Tempnology, LLC (“Tempnology”) filed for Chapter 11 bankruptcy protection and cancelled a trademark licensing agreement that it had with Read More »
Posted in IP and Technology Litigation, Patent Litigation, Trademark Litigation
| Tagged America Invents Act, Federal Circuit, patent, PTAB, Supreme Court, trademark
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