As predicted following oral arguments, the U.S. Supreme Court today ruled that Marcel Fashion Groups, Inc. cannot preclude Lucky Brand Dungarees, Inc. from raising new defenses under federal preclusion principles, but left open the possibility that it may be appropriate to apply claim preclusion to defenses in certain circumstances. The opinion was authored by Justice Sotomayor. The Second Circuit decision was ultimately reversed and the case remanded, continuing the long battle between the two brands.
Litigation
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Miami Beware: Patent Clouds Are Quickly Approaching the Sunshine State
- CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction
- CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious
Recent Posts
- The Copyright Claims Board: A Venue for Pursuing Actual or Statutory Damages Impacting Both Registered and Unregistered Works
- IP Goes Pop! – Intellectual Property and a ‘Wacky’ Professor – Brands and Inventions in the Springfield Universe, Part II
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Other Barks & Bites for Friday, August 12: Canada to Add Resale Royalties to Copyright Law, Fifth Circuit Affirms Exclusion of Evidence in ‘Call of Duty’ Copyright Suit, and Ninth Circuit Rejects Trademark Appeal in Yoga Pants Case