Faruki Blog

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

Oh, the Lawsuits You'll Boldly File! The Ninth Circuit Says Fair Use Still an Affirmative Defense

The Ninth Circuit recently examined a mashup that infuses themes and characters from the popular television series Star Trek into Dr. Seuss works,.. 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

Heartbreaker? Skidmore v. Led Zeppelin Restricts Evidence Admissible to Prove "Substantial Similarity" In a Copyright Case

In Skidmore v. Led Zeppelin, 952 F.3d 1051 (9th Cir. 2020), the Ninth Circuit upheld a jury verdict in favor of Led Zeppelin on a claim by the heirs.. Read More

Blame It On Verein? What Law Firms Should Know About a Recent Malpractice Verdict Against Dentons

On February 13, 2020, a jury in Cuyahoga County (Ohio) awarded $32,000,000 to RevoLaze, an Ohio company, against the law firm Dentons US LLP, on a.. Read More

The Federal Circuit Cures the Unconstitutionality of Inter Partes Review of Patents with One Simple Trick -- Or Does It?

In Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, 2019 U.S. App. LEXIS 32613 (Fed. Cir. 2019), a three-judge panel of the Court of Appeals for.. Read More

What Do You Know -- District Court Finds that the "Willful Blindness" Doctrine Supports a Claim for Enhanced Patent Damages

A corporation that is accused of infringing a patent that, before the accusation, it did not know existed, should be safe from an award of treble.. Read More

Supreme Court: Refusing to Register Offensive Trademarks Is Offensive to the First Amendment

In June of this year, in Iancu v. Brunetti, 139 S.Ct. 2294 (2019) the Supreme Court struck down the statutory prohibition on federal registration of.. Read More
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