Faruki Blog

BTG Int'l: Can an Accused Infringer's Victory In an Inter Partes Review Proceeding Lead to Its Defeat in Patent Infringement Litigation?

Use of the inter partes review (IPR) process as a means to challenge the validity of a patent could be dealt a blow by a patent case currently on.. Read More

The Supreme Court Resolves a Circuit Split on the Registration Requirement for a Copyright Suit

The Supreme Court ruled against copyright owners this week in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571 (Mar. 4, 2019),.. Read More

The Supreme Court Agrees to Consider Whether the First Amendment Protects Offensive Trademarks, Again

The Supreme Court recently granted certiorari (in Iancu v. Brunetti) to decide whether the statutory prohibition on federal registration of a.. Read More

Tough Sell: The Supreme Court Ponders Whether The America Invents Act Narrowed the "On Sale" Bar of Patent Law

On December 4, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Supreme Court heard argument on the proper interpretation of the.. Read More

An Odd Couple: A Primer on the Two Different Frameworks for Calculating the Terminal Date of a U.S. Copyright

"A Landslide of Classic Art is About to Enter the Public Domain" asserts a recent article in The Atlantic. Why this is so requires explaining the.. Read More

The Federal Circuit Rules that "Expenses" in Patent Statute Does Not Mean Attorneys Fees; Creates Circuit Split

The United State Patent and Trademark Office ("PTO") has aggressively litigated its position that anyone who challenges the PTO's denial of a patent.. Read More

The Supreme Court Allows Lost Profits on Foreign Sales as Damages for Infringement of a U.S. Patent

A United States patent gives the owner certain patent rights, including the right to sue for damages for infringement. It has been generally.. Read More

WesternGeco v. Ion: Will the Supreme Court Take Patent Damages Into Uncharted (International) Waters?

The Supreme Court will soon decide, in WesternGeco, LLC v. Ion Geophysical Corp., whether a patent owner can recover damages for a defendant's.. Read More

Exmark v. Briggs & Stratton: The Federal Circuit Addresses the Permissible Scope of Expert Testimony on Damages -- "Mower" or Less

In a recent decision, Exmark Mfg. Co. v. Briggs & Stratton Power Prods. Grp., LLC, 879 F.3d 1332 (Fed. Cir. 2018), the Court of Appeals for the.. Read More

The Federal Circuit Will Rule on the Government's "Heads I Win, Tails You Lose" Position on Recovering Attorney's Fees As "Expenses"

According to the United States Patent and Trademark Office ("PTO"), an applicant for a patent that tries to challenge the PTO's denial of a patent.. Read More
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