In what will be a major case to shake up the art world, the nation’s only droit de suite statute has again been eviscerated as a federal appeals court has found the resale royalty right only applies...
Sovereign immunity is the right of the government to not be sued absent waiver or consent. The federal government retains sovereign immunity rights. States, through the Eleventh Amendment, also...
On June 19, 2018, the Court of Appeals for the Federal Circuit issued Sirona Dental Systs. GmbH v. Institut Straumann AG. The case is important because two other recent court decisions – SAS and...
In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,...
On July 2, 2018, the Court of Appeals for the Federal Circuit issued a mandate in Adidas AG v. Nike, Inc., in yet another post-SAS determination. Before a panel composed of Judges Moore, Wallach,...
U.S. Patent No. 9,938,663 B2 issued on April 10, 2018, for “Methods for Producing Raw Materials from Plant Biomass,” to applicant 9Fiber, Inc., of Silver Spring, Maryland, and inventor Adam Powars,...
In FastShip, LLC v. United States, the patented Littoral Combat Ship (LCS) was allegedly infringed. This case is interesting, in part because the defendant was the U.S. Government, and it is a...
On June 7, 2018, the Court of Appeals for Federal Circuit handed down PGS Geophysical AS v. Iancu, which has a tangential relationship to the WesternGeco LLC, of the recent WesternGeco LLC v. ION...
In a somewhat unsurprising move, the Court of Appeals for the Second Circuit denied an interlocutory appeal (28 U.S.C. §1292) requested by publisher defendants in Heavy, Inc. v. Goldman. The order...
On June 28, 2018, the U.S. Supreme Court granted the petition for writ of certiorari in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC. The justices took up the case to resolve a split in...