Why “Happy Holidays” Can’t be Trademarked

A trademark can give its owner a monopoly over use of a range of items that comprise its brand – a certain word, phrase, logo, slogan, sound, or eve...

What is a Copyright?

Scope of subject matter A copyright can also protect creative works that are often thought of as protectable under other intellectual property rights....

Lee v. Tam: New Opportunities for Offensive Trademarks?

On January 18, 2017, the Supreme Court heard oral argument for Lee v. Tam.[1]  In this case, the Supreme Court will review whether the 15 U.S.C. § ...

The Value of Developing and Protecting Intellectual Property

Patent law protects rights in new and non-obvious inventions.  More than this, it provides the owner of the patent with an exclusive monopoly on the ...

Supreme Court Rejects a Good Faith Belief of Invalidity as a Defense to Inducement

A party is liable for inducing infringement under 35 U.S.C. § 271(b) if it knowingly causes another party to perform the acts of infringement.  Beca...

Federal Circuit Reaffirms the Single-Entity Rule for Joint Infringement

Software patents often include method claims, where inventiveness generally depends on the functionality of the software rather than unique hardware s...

The Impact of Williamson v. Citrix on Software Patents

On June 16, 2015, the Federal Circuit decided Williamson v. Citrix, changing its position on means-plus-function claims. Because this case has potenti...

Lexmark Part 2: Federal Circuit Reconsidering Contractual Restrictions on the Doctrine of Patent Exhaustion

Part 2 of our discussion of the Lexmark case focuses on the ability to contract around the doctrine of patent exhaustion. Current law prevents a pate...