Webinar | July 11, 2019

2018/2019 Supreme Court Intellectual Property Review

  • ip-litigation
  • patent-litigation
  • trademark-litigation
  • post-grant-review1
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The U.S. Supreme Court has concluded their term and continues to issue significant decisions affecting intellectual property.  While the Court was relatively quiet on the patent side, they did issue a number of landmark copyright and trademark decisions. During this one-hour webinar, Frank Angileri and Chanille Carswell discussed the Court’s significant decisions and detailed the significance going forward.

The following cases were examined:

  • Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc – The Court rejected an argument that would make changes to the America Invents Act language governing the on-sale bar rule. 
  • Return Mail Inc. v. U.S. Postal Service – A decision that ruled the U.S. government is not a “person” for purposes of filing a petition for review of a patent under the transitional program for covered business method patents (“CBM”).
  • Mission Product Holdings Inc. v. Tempnology, LLC – A decision that determined brand owners cannot use bankruptcy law to revoke a trademark license.
  • Iancu v. Brunetti – A ruling that struck down the Lanham Act's ban on "immoral or scandalous" trademark registrations, ruling it an unconstitutional restriction on speech.
  • Fourth Estate Public Benefit Corp. v. Wall-Street.com – The Court decided that copyright owners cannot sue for infringement until the U.S. Copyright Office has actually registered the work at issue.
  • Rimini Street Inc. v. Oracle USA Inc. – A ruling that said awards of so-called “costs” should not get special treatment in copyright cases.

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