Tag Archives: Supreme Court

The Supreme Court Again Declines to Address the Written Description Standard

Photo of Ron KernBy Ron Kern on Posted in Patent
Supreme Court building, Washington, DCWithout any comments, the Supreme Court has denied Juno Therapeutics’ Petition for Rehearing, which requested that the Court hold the case in abeyance pending the resolution of Amgen Inc. v. Sanofi, Aventisub LLC. Juno filed its petition after the Federal Circuit held that Juno’s claims were invalid because the patent at issue “does not disclose … Continue Reading

Juno Therapeutics Requests That the Supreme Court Wait to Make a Decision on Its Written Description Question Until Amgen’s Enablement Case Is Resolved

Photo of Ron KernBy Ron Kern on Posted in Patent
Juno Therapeutics (Juno) has filed a Petition for Rehearing with the Supreme Court, requesting that the Court vacate its previous order denying Juno’s petition for certiorari and hold the case in abeyance pending the resolution of Amgen Inc. v. Sanofi, Aventisub LLC. Just days after agreeing to review the scope of the enablement requirement in … Continue Reading

Supreme Court Denies Review of the Written Description Requirement

Photo of Ron KernBy Ron Kern on Posted in Patent
Just days after agreeing to review the scope of the enablement requirement in Amgen Inc. v. Sanofi, Aventisub LLC, the Supreme Court denied Juno Therapeutics, Inc.’s (Juno) request to review the scope of the written description requirement. Interestingly, both cases involved similar questions – whether the respective portion of 35 U.S.C. §112(a) is governed by … Continue Reading

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

Photo of Andrew SamuelsBy Andrew Samuels on Posted in Trademark
In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international reach of U.S. trademark law. The issue is whether a U.S. trademark owner can recover damages for infringing … Continue Reading

Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law

Photo of Andrew SamuelsBy Andrew Samuels on Posted in Trademark
This morning, the Supreme Court called for the views of the Solicitor General on the pending petition for writ of certiorari in Abitron Austria GmbH v. Hetronic International, Inc. In Abitron, the Court of Appeals for the Tenth Circuit allowed the plaintiff trademark owner to recover damages not only for the defendants’ sales of infringing … Continue Reading

No Luck Needed for Lucky Brand at the Supreme Court

Photo of Kevin BovardBy Kevin Bovard on Posted in Trademark
The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was the applicability of “defense preclusion.” Specifically, the Court considered whether and under what circumstances a defense may be … Continue Reading

U.S. Supreme Court Rules That Sovereign Immunity Shields States From Copyright Suits

Photo of Lisa Bollinger GehmanBy Lisa Bollinger Gehman on Posted in Copyright
On March 23, the U.S. Supreme Court issued its first of three anticipated copyright decisions for this term – Allen v. Cooper – in which the Court unanimously held that states are shielded from copyright suits by sovereign immunity. Thus, the plaintiff filmmaker did not prevail in his copyright infringement suit against the state of … Continue Reading

Who Is Holding the Bag: How Will the Supreme Court Resolve the Circuit Split on Recovery of Profits in Trademark Cases?

Photo of Jacqueline LesserBy Jacqueline Lesser on Posted in Trademark
Two weeks from now, on January 14, 2020, the Supreme Court will hear oral argument in Romag Fasteners, Inc. v. Fossil, Inc. on the long-standing circuit split over whether willful infringement is a necessary precondition for an award of profits in a Section 43(a) trademark infringement case. Under the Lanham Act, a victorious plaintiff in … Continue Reading

Session not Season

Photo of Christina MoserBy Christina Moser on Posted in Trademark
When the Supreme Court opens its new session on Oct. 7, one of the cases it will determine, Romag Fasteners, Inc. v. Fossil, Inc., et al. Case No. 2018-2417, is expected to resolve a stark difference among circuits over when a trademark owner is entitled to disgorgement of an infringer’s profits due to an infringing … Continue Reading

Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging

By Shannon McCue on Posted in Trademark, USPTO Litigation
Trademark law recognizes that a color can be used to identify the source of products and therefore, enjoys protection under trademark law. Let’s test your color brand awareness: • What can Brown do for you? – shipping services • The little Purple pill – gastrointestinal medicine If these colors brought UPS and Nexium to mind, … Continue Reading

SCOTUS Declares That Time Has Expired for Laches Defense in Patent Cases

By Suzanne Alton de Eraso on Posted in Patent
On March 21, the Supreme Court of the United States held in Hygiene Products Aktiebolag v. First Quality Baby Products that laches is not a defense to a damages claim when the Patent Act’s six-year statute of limitations has yet to expire. This decision aligns with the Court’s ruling in Petrella v. Metro-Goldwyn-Mayer Inc., 572 … Continue Reading

Not Dat Function, Dis Function

Photo of Chad RutkowskiBy Chad Rutkowski on Posted in Copyright, Copyright Act, Patents
  When we talk these days about the role of functionality in determining the copyrightability of a useful article, we are generally talking about the 10 different separability tests currently duking it out at the Supreme Court in the Varsity Brands case. Our posts on that case are here, here and here. These tests enforce … Continue Reading

As Urged by PhRMA and BIO, Supreme Court Agrees to Review Claim Construction Standard Used in Patent Office Trials

Photo of Laura GordonBy Laura Gordon on Posted in Uncategorized
Pharmaceutical companies have reason to be pleased with the Supreme Court’s recent decision to grant a petition for a writ of certiorari in Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-446 (Cuozzo). The Supreme Court has agreed to review the … Continue Reading

Supreme Court Invalidates FCC Indecency Rulings, Dodges Major First Amendment Question

By Laurie Babinski on Posted in Uncategorized
The Supreme Court today struck down the Federal Communications Commission’s findings of liability against two broadcasters that aired “fleeting” profanity and nudity on primetime television.  But in invalidating the sanctions on due process grounds, the Court sidestepped the much-debated question of whether the FCC’s indecency policy could withstand a First Amendment challenge.   In Federal Communications … Continue Reading
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