Search Blog
Subscribe Today
About This Blog
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:
SCOTUS to Consider USPTO’s Attorneys’ Fees Policy
By Tyler J. Fortner and David G. Barker On Monday, the Supreme Court of the United States granted certiorari in Iancu v. NantKwest to resolve a circuit split concerning “expenses” a patent applicant must pay when challenging the United States Patent and Trademark Office’s (“USPTO’s”) refusal to issue a patent. Under 35 U.S.C. § 145, the USPTO requests attorneys’ fees as expenses when applicants seek review of a denied patent application in district court, regardless of whether the applicant wins or loses. The en banc Federal Circuit held here that applicants seeking review in district court are not required to Read More »
Supreme Court Copyright Decision Indicates Greater Proactivity by Would-Be Infringement Plaintiffs
Supreme Court Copyright Decision Indicates Greater Proactivity by Would-Be Infringement Plaintiffs
Posted in Copyright Litigation, IP and Technology Litigation
| Tagged copyright, Supreme Court
Share this Article:
SCOTUS: “Full Costs” Are Just Costs
By Mark Webb and David G. Barker Today, the Supreme Court of the United States ruled in Rimini Street v. Oracle USA that “full costs” described in 17 U.S.C. § 505 of the (Copyright Act) are limited to the six categories of taxable costs set forth in 28 U.S.C. §§ 1821, 1920. The decision reversed the district court’s award of, and the Ninth Circuit’s order affirming, $12,774,550.26 in additional costs to Oracle for litigation costs outside of those delineated in §§ 1821 and 1920, such as expert witnesses, e-discovery, and jury consulting. The Court determined, absent an explicit statutory instruction, a Read More »
Posted in Copyright Litigation, IP and Technology Litigation, Uncategorized
| Tagged copyright, Ninth Circuit, Supreme Court
Share this Article:
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
Share this Article:
