On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. In Lucky Brands Dungarees, Inc. v. Marcel Fashion Group, Inc., the Court will determine whether federal preclusion principles bar defendants from raising defenses that could have been raised in previous cases between the same parties, even when the plaintiff asserts new claims. In Romag Fasteners, Inc. v. Fossil, Inc., SCOTUS will decide whether a finding of willful infringement is required to award an infringer’s profits in cases involving false designation of origin or false description.
- Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts
- Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally
- Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’
- PTAB Invalidates Nasdaq Patent Claims on Automated Securities Trading in Series of CBMs
- How Foreign Patent Infringers Are Subject to Jurisdiction in the United States