In his second foray into intellectual property law this week, Supreme Court Justice Neil Gorsuch delivered the opinion for a unanimous Court today in Romag Fasteners v. Fossil Group Inc., reversing the Federal Circuit’s August 2017 decision and holding that willful infringement is only one consideration for awarding an infringer’s profits, and that 15 U.S.C. Section 1117(a) of does not articulate a willfulness prerequisite. Most attorneys who weighed in for IPWatchdog welcomed the decision as providing clarity and being pro-IP. Here is what they had to say.
Litigation
- 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
- Seventh Circuit Throws Out Antitrust Suit Against AbbVie in Welcome Victory for Patent Rights
- Induced Infringement: The Knowledge Requirement and When it is Established
- Federal Circuit Delivers Amazon a Win, Vacating Jury Verdict that Echo Induced Infringement
Recent Posts
- Certification Marks: The Tie that Binds Scotch Whisky, the International Ladies Garment Worker’s Union and a Rated R Motion Picture
- Win for Photographer in Ninth Circuit Reversal of Fair Use Finding
- Entrepreneur Spotlight: How Ray Young is Fighting Content Theft Encouraged by Big Tech Platforms
- Studebaker & Brackett is Hiring a Patent Attorney or Agent
- Other Barks & Bites for Friday, August 5: Win for AbbVie at Seventh Circuit; Eleventh Circuit Affirms Ruling for Monster Energy; and Ninth Circuit Reverses Fair Use Finding in Death Valley Lake Photo Case