The U.S. Supreme Court (SCOTUS) ruled today in Abitron Austria v. Hetronic International that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial in nature and that “‘use in commerce’ provides the dividing line between foreign and domestic applications of these provisions.” The decision of the U.S. Court of Appeals for the Tenth Circuit, which upheld a $96 million damages award for Hetronic, was thus vacated and remanded. Justice Alito authored the opinion for the Court and Justices Jackson and Sotomayor each filed concurring opinions—though Sotomayor’s concurrence reads more like a dissent.
Recent Posts
- CAFC Says Prosecution History Disclaimer Applies to Design Patents, Too
- Harrity & Harrity Seeks FT Patent Attorney / Agent in Electrical or Mechanical Technologies
- Understanding IP Matters: Celebrated MIT Engineer and Entrepreneur Develops Medical Devices to Treat Cancer and Other Diseases
- CAFC Finds IPR Petitioner Did Not Rely on AAPA as Basis for Obviousness Grounds in Affirming PTAB Invalidation
- Foreign Price Controls: A Risk to U.S. Medical Innovation and Patient Access