I’ll drink to that! (Trade dress) *

USA - May 30 2012
In a case focusing on trade dress for a bourbon bottle, the U.S. Court of Appeals for the Sixth Circuit has now expressly adopted the “aesthetic functionality” doctrine for trademark protection.

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Exceptional case fee award appropriate if patent owner’s litigation conduct is deemed vexatious *

USA - January 31 2012
The United States Court of Appeals for the Federal Circuit has affirmed a decision granting an award of fees for attorneys and experts under 35 U.S.C. § 285.

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Kimberly-Clark finds a soft touch on appeal *

USA - August 31 2011
The U.S. Court of Appeals for the Seventh Circuit, on a de novo review of a district court grant of summary judgment in favor of defendant in an unfair competition and trademark infringement suit involving patterned toilet paper, disposed of plaintiff’s claim using ironic and candid prose to explain its conclusions.

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Eastern District of Texas gives generics a headache *

USA - August 31 2011
The U.S. District Court for the Eastern District of Texas recently ruled against generic drug manufacturers, granting an injunction barring U.S. Food and Drug Administration (FDA) approval of three abbreviated new drug applications.

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“Exceptional” in §285 really means exceptional *

USA - April 29 2011
The U.S. Court of Appeals for the Federal Circuit reversed a district court decision awarding of attorneys’ fees under 35 U.S.C. §285, focusing on the “exacting standard” for enhanced damages and attorneys’ fees and finding the objective inquiry identical to the “objective recklessness” standard established in Seagate for willful infringement.

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