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.
By: David G. Barker and Emily R. Parker
Last Friday, the U.S. Supreme Court granted certiorari in Minerva Surgical v. Hologic, thereby agreeing to resolve a long-running debate on patent law’s doctrine of assignor estoppel. Minerva Surgical has asked…
By Anne Bolamperti and David G. Barker
In RPX Corp. v. Applications in Internet Time LLC, the Patent Trial and Appeal Board (“PTAB”) held in a precedential opinion that three inter partes reviews (“IPRs”) were time-barred under 35 U.S.C.…
By Alysha Green and David G. Barker
Are PTAB judges constitutional? This week the Supreme Court granted certiorari to answer this question.
In Arthrex v. Smith & Nephew, the Federal Circuit considered whether the appointment of administrative patent judges…
By Daniel M. Staren and David G. Barker
The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis…
By Jessica D. Kemper and David G. Barker
Today, the Supreme Court held in U.S. Patent & Trademark Office v. Booking.com B.V. that a generic term paired with an internet designation such as “.com” (called a “generic.com” term by the…
By Jessica D. Kemper and David G. Barker
Today, a unanimous Supreme Court held in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group., Inc. that claim preclusion did not prevent Lucky Brand from asserting a defense it failed to fully…
By Mary Hallerman
Last week, the Supreme Court held in Georgia v. Public.Resource.Org, Inc., that legislators cannot copyright any works that they created in the course of their official duties. Though the holding may appear straightforward and narrow, the…
By Mary Hallerman
The Supreme Court unanimously held that willfulness is not prerequisite to an award of a defendant’s profits under the Lanham Act. The decision in Romag Fasteners, Inc. v. Fossil Group resolved a longstanding circuit split on this…
By Deborah Gubernick and Gabrielle Morlock
In this era of social media and image sharing, it is not uncommon for account holders to make their profiles public in attempt to garner as many followers and as much attention as possible.…
By Anne Bolamperti and David G. Barker
Yesterday, in Thryv, Inc. v. Click-To-Call Technologies LP, the Supreme Court held that Patent Trial and Appeal Board (“PTAB”) decisions regarding the time limit for filing inter partes reviews (“IPRs”) are not…
