Is There a Licensing Market for Tattoos?
Take-Two Interactive Software, publisher of the popular video game series NBA 2K, scored a victory this past summer when it successfully dismissed a claim for statutory damages by Solid…
Final and Unappealable: Federal Circuit Will Not Review PTAB IPR Decisions
What is inter partes review? Inter partes review (IPR) is a new procedure under the America Invents Act (AIA) for challenging the validity of one or more claims of a…
Interview: Trial by Jury of Patent Cases Symposium
In this interview, Anne Hassett, the Executive Director of NYU School of Law’s Engelberg Center on Innovation Law & Policy, discusses her experience conceiving and bringing to fruition the Trial…
Trademark Law and the Brilliance of “Dumb Starbucks”
A typical comedian would not devote an episode of his TV show to issues of trademark law, but Nathan Fielder is not a typical comedian. Most people in the U.S.…
California’s Strange New Age Law
Have you ever been watching a television show or movie with characters supposedly of high-school age—think Gossip Girl, Mean Girls, Greece—and then been shocked to discover that the actors portraying…
Akamai and Divided Infringement of Method Claims
In August of 2015, the federal circuit met en banc in Akamai v. Limelight to settle a long-standing issue: When multiple parties perform all the steps to a patented method,…
Why Tesla Should Consider Amending its Patent Pledge
Over two years ago, Tesla’s CEO Elon Musk announced that the company would not initiate any patent lawsuits against anyone who was using Tesla’s technology in good faith. This pledge…
Truth and TriFlex: The Fourth Circuit’s Ruling Regarding “Literally False” Advertising Claims
This blog post discusses the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). I. Factual Background GNC, a national…
Climbing Out of the Rabbit Hole – Post-Alice Decisions on Patentability of Software Inventions
In early 2016, Google DeepMind unveiled the AlphaGo project, a gaming algorithm based on machine learning and dedicated to the last remaining game where humans held superior against computers—Go,…
A rose by any other name would smell as sweet, unless it’s from Tiffany’s: An Analysis of Tiffany & Co. v. Costco Wholesale Corp.
Picture this scenario: a young woman has been doing research on engagement rings so that she can tell her boyfriend what kind of ring she’d like. She decides that she…