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Don Burton

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It's Art, But Is It Transformative? The Supreme Court Decides to Address a Thorny Issue of Copyright Law in Warhol

On March 28, 2022, the Supreme Court agreed to review Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2nd Cir. 2021), in.. Read More

Published or Perish: The Federal Circuit Disallows "Admitted" Prior Art as a Basis for Inter Partes Review

Last month, in Qualcomm, Inc. v. Apple Inc., No. 2020-1558, 2029-1559, 2022 U.S. App. LEXIS 2836 (Fed. Cir. Feb. 1, 2022), the Federal Circuit.. Read More

Try Not to Think About a Polar Bear:  The Palin v. NYT Verdict

On Feb. 15, 2022, the defamation case brought by former Alaska Governor Sarah Palin against the New York Times concluded with a jury verdict for the.. Read More

No Penalty for Illegal Motion: The Current Status of Non-Competes and College Football Coaching Contracts

On November 28, 2021, in reaction to the news that Lincoln Riley, the head football coach for the University of Oklahoma, was leaving to become the.. Read More

Broken Hague? The Federal Circuit Endorses an End-Run Around the Hague Convention's Method of Serving a Complaint

Litigators who represent patent owners suing foreign companies, and who normally must navigate the exacting requirements and slow pace of service of.. Read More

Page v. DNC:  The Curious Case of the Stateless Citizen

The analysis in a recent decision, Page v. Democratic National Committee, 2 F.4th 630 (7th Cir. 2021), of an oddity of federal jurisdiction—the.. Read More

The Unfairness Doctrine: What Remains of Assignor Estoppel in Patent Cases After Minerva Surgical?

In Minerva Surgical v. Hologic, No. 21-440, slip op. (Fed. Cir. June 29, 2021), the Supreme Court affirmed the existence of the defense of "assignor.. Read More

Fixing a Hole in the PTAB:  A Divided Supreme Court Revises an Unconstitutional Process for Challenging Patents

In a case that was closely watched by the patent bar, United States v. Arthrex, Inc., the Supreme Court ruled on June 21st of this year that the.. Read More

Not Just a Copy of the Home Game: The Supreme Court Shows the Usefulness of Requests for Nominal Damages

In Uzuegbunam v. Preczewski, No. 19-968, 2021 U.S. LEXIS 1372 (Mar. 8, 2021), the Supreme Court turned its attention to the curious concept of.. Read More

Collision on the 101: Federal Circuit Ruling Reveals Sharp Split in Views on the Patent Eligibility Test

On July 31, an evenly-divided Federal Circuit Court of Appeals declined to review en banc the controversial decision in American Axle & Mfg., Inc. v... Read More
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