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SWIPLit Blog
The SWIPLit Blog, published by Snell & Wilmer, covers a broad range of legal topics with a focus on intellectual property law, including copyright and trademark issues. It discusses recent court decisions and legal developments affecting copyright damages, personal jurisdiction in trademark disputes, and the evolving role of artificial intelligence in copyright law. The blog also addresses litigation strategies, statutory interpretation, and the intersection of First Amendment rights with trademark law. It serves as a resource for updates on federal and state legal matters, regulatory compliance, and emerging legal challenges in technology and business contexts.
Latest from SWIPLit Blog - Page 3
Supreme Court: Mistakes of Law Can Excuse Inaccurate Copyright Registration
By Dan Staren
By Daniel M. Staren and David G. Barker
The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act.
Unicolors…
Federal Circuit Rejects Two-Tiered Royalty Patent Damages
By Dan Staren
By Dan Staren and David Barker
Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages because of Caltech’s unsupported two-tiered…
Federal Circuit Rejects “Unanswered Questions” Indefiniteness Standard
By Dan Staren
By Emily Parker and David Barker
Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard.
Nature Simulation Systems (“NSS”) sued Autodesk, Inc. for infringing two…
Federal Circuit Upholds a Silent Written Description
In a precedential opinion this week, the Federal Circuit affirmed a district court judgment in favor of Novartis Pharmaceuticals, in an appeal brought by HEC Pharm challenging the written description in Novartis’s 9,187,405 patent.
Novartis markets…
Federal Circuit Erases Juno’s $1 Billion Judgment by Invalidating Patent for Inadequate Written Description
By Dan Staren
By Anne Bolamperti and David G. Barker
The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s…
Supreme Court Determines New Limitations to Assignor Estoppel Doctrine
By Dan Staren
By Marsha Cotton and David G. Barker
The Supreme Court upheld assignor estoppel in Minerva Surgical, Inc. v. Hologic, Inc., et al. but held that the Federal Circuit “failed to recognize the doctrine’s proper limits.” In doing so, the Court…
Supreme Court Holds that PTAB Judges Are Unconstitutionally Appointed
By Dan Staren
By Daniel M. Staren and David G. Barker
The Supreme Court held this week that the United States Patent and Trademark Office’s (“USPTO”) appointment of Patent Trial and Appeal Board (“PTAB”) judges cannot be constitutionally enforced because the USPTO director…
Supreme Court to Review Copyright Statute Relating to Inaccurate Information Provided to Copyright Office
By Jcjones
By Zachary Schroeder and Jacob C. Jones
On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP. The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court…
Supreme Court Backs Google in Copyright Dispute Over Android Software
By Jcjones
By: Emily R. Parker and Jacob C. Jones
On Monday, the U.S. Supreme Court sided with Google in a long-running, multibillion-dollar copyright lawsuit filed by Oracle over certain portions of software code used in Google’s Android operating system (Android OS).…