The Supreme Court unanimously held that the Lanham Act’s prohibition on registering ‘disparaging’ trademarks violates the First Amendment — invalidating the PTO’s refusal to register THE SLANTS for an Asian-American band and establishing that trademark registration is a gover
The Supreme Court held 7-1 that authorized patent sales both domestically and abroad exhaust all U.S. patent rights in the sold item — eliminating Lexmark’s attempt to use conditional patent licenses to control post-sale use and the Federal Circuit’s rule allowing foreign sales to preser
The Supreme Court held that the patent venue statute, § 1400(b), is the sole provision governing where patent suits may be filed, and that a corporation ‘resides’ only in its state of incorporation for patent venue purposes.
The Supreme Court held 6–2 that surface designs on cheerleading uniforms are copyrightable, establishing a new two-part separability test: a design element is protectable if it can be perceived as a work of art separate from the useful article, and would qualify for copyright protection if imagined
The Supreme Court held 7-1 that laches cannot be used as a defense to patent infringement that occurred within the six-year statute of limitations — extending Petrella v. Metro-Goldwyn-Mayer (copyright) to patent law and eliminating a long-standing Federal Circuit precedent that had allowed laches t
The Supreme Court held that supplying a single component of a multi-component patented invention from the United States does not trigger liability under § 271(f)(1), which requires supplying ‘all or a substantial portion’ of the components.
The Supreme Court held that in design patent infringement, the infringer’s profits need not be calculated based on the entire end product; courts must identify the relevant ‘article of manufacture’ to which the design was applied.
The Supreme Court unanimously upheld the Patent Trial and Appeal Board’s use of the ‘broadest reasonable interpretation’ standard for claim construction in inter partes review proceedings — validating the PTO’s approach over patent holders’ objections that IPR should us
The Supreme Court unanimously held that courts awarding attorney fees under the Copyright Act must give substantial weight to the objective reasonableness of the losing party’s litigation position, while retaining discretion to weigh all other relevant factors.
The Supreme Court unanimously overruled the Federal Circuit’s Seagate objective-recklessness test for willful patent infringement and enhanced damages under § 284 — holding that courts have broad discretion to award enhanced damages in egregious cases of deliberate or wanton infringement, with
The Supreme Court reaffirmed the Brulotte rule that agreements requiring patent royalty payments beyond a patent’s expiration date are unenforceable as a matter of law.
The Supreme Court held 6-2 that a defendant’s good-faith belief that a patent is invalid is not a defense to induced infringement liability under § 271(b) — distinguishing between validity and infringement and holding that invalidity must be raised as a defense, not as a shield against the kno
The Supreme Court held that TTAB likelihood-of-confusion decisions on trademark registration can preclude relitigation of the same issue in a federal court infringement suit when the usages adjudicated are materially the same.
The Supreme Court held that appellate courts must apply clear-error review to subsidiary factual findings underlying patent claim construction, while legal conclusions remain subject to de novo review.
The Supreme Court held 6–3 that Aereo’s service — which captured over-the-air broadcasts using thousands of tiny antennas and streamed them to individual subscribers — performed copyrighted works publicly and infringed broadcasters’ exclusive public performance right.
The Supreme Court held unanimously that software claims directed to the abstract idea of intermediated settlement, implemented on a generic computer, are patent-ineligible under §101, and articulated the two-step Alice/Mayo framework now universally applied to §101 analysis.
The Supreme Court held that competitors may bring Lanham Act false advertising claims challenging product labels even when those labels have been approved or regulated under the Food, Drug, and Cosmetic Act.
The Supreme Court held that patent claims are indefinite and invalid if they fail to inform a skilled artisan with reasonable certainty about the scope of the invention, rejecting the Federal Circuit’s overly lenient ‘insolubly ambiguous’ standard.
The Supreme Court held 6–3 that the equitable defense of laches cannot bar a copyright infringement claim for damages filed within the Copyright Act’s three-year statute of limitations.
The Supreme Court held that §285 ‘exceptional case’ fee-shifting requires only that the case stands out from others in the substantive strength of a party’s position or the unreasonable manner of litigation, rejecting the Federal Circuit’s rigid Brooks Furniture two-prong tes
The Supreme Court held that appellate courts must review §285 exceptional case determinations for abuse of discretion — not de novo — deferring to district courts that are best positioned to evaluate litigation conduct over the life of a case.
The Supreme Court held unanimously that in a licensee’s declaratory judgment action for non-infringement, the patentee bears the burden of proving infringement — the same burden as in an ordinary infringement suit.
The Supreme Court held that naturally occurring DNA segments are products of nature and not patent-eligible, but that synthetically created cDNA is patent-eligible because it does not exist in that form in nature.
The Supreme Court held unanimously that the patent exhaustion doctrine does not permit a farmer to reproduce patented self-replicating seeds; exhaustion covers only the authorized sale of the original seeds, not progeny crops grown from them.