Articles
Supreme Court agrees to hear two IP cases
On Friday, the Supreme Court agreed to hear two IP cases regarding issues that can have large ripple effects in the patent and trademark worlds. In Amgen Inc. v. Sanofi, the Court will decide when a patent’s disclosure is sufficient, an issue it hasn’t visited in over a century. And in Abitron Austria GmbH v. Hetronic Int’l, Inc., at issue is to what extent a trademark infringer must pay damages based on foreign sales, which was last considered by the Court over 70 years ago.
First blockchain patent analyzed by a court is invalidated
Although blockchain patents have been around for quite some time, they are not yet often the subject of litigation. Now, for the first time (as far as I can tell), a federal court in a patent litigation case has issued a decision on the validity of a blockchain-related patent.
MetaBirkins NFT creator can’t toss Hermès trademark suit
Although the judge’s decision isn’t on the merits of the case, it’s the first time we’ve gotten insight into how a court views the interaction between trademark law and free speech in the NFT space. Since U.S. courts rely heavily on prior case law and precedent, this decision may be significant for NFT artists and trademark owners going forward.
Be careful sending that letter: appellate court confirms that demand letters can justify personal jurisdiction in declaratory judgment actions
The Federal Circuit recently confirmed that patent demand letters can justify the exercise of personal jurisdiction over the sender.
Supreme Court grants Warhol petition seeking clarification on fair use
Today, the Supreme Court agreed to hear Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case pitting the famous artist’s foundation against the photographer of a photo of the musician Prince. The Court’s decision is likely to have big implications for copyright law’s “fair use” doctrine.