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The appropriation artist is a Prince

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

The U.S. Court of Appeals for the Second Circuit, in a case involving allegations, against an appropriation artist, of infringement of photographs

Supreme Court to hear licensee standing case

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

The U.S. Supreme Court has granted a writ of certiorari in a license dispute involving licensed defibrillator patents in which a DJ plaintiff

En banc Federal Circuit issues five opinions in CLS Bank International v. Alice Corporation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 15 2013

The long-awaited decision held that method, computer-readable medium and system claims for technology related to "the management of risk relating to

USPTO board imposes new indefiniteness and enablement rejections in a precedential decision

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 30 2009

Perhaps heralding a new and stricter level of scrutiny for disclosure of sufficient corresponding structure for claim elements drafted in means plus function (MF) ( 112, 6) format, an expanded panel of the U.S. Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences (the Board) issued a precedential decision imposing a new grounds of rejection on MF claim elements as being unpatentable under the indefinite and enablement requirements of 112

Supreme Court to decide if first sale doctrine permits importation of foreign-made copyrighted works without authorization

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 27 2012

The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit

No papering over competitor’s towel stuffing

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2010

The U.S. Court of Appeals for the Fourth Circuit agreed with the district court that a competing paper towel maker that induced its customers to fill a trademark owner’s trademark bearing towel dispensers with “inferior” paper towels is liable as a contributory infringer where there was sufficient evidence for a jury to find a likelihood of confusion among restroom visitors as to the source of the paper toweling being dispensed

Context-dependent claim construction creates an improper use limitation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2009

The U.S. Court of Appeals for the Federal Circuit reversed a district court claim construction finding the meaning of a claim term to be context-specific

U.S. and European perspectives on patent exhaustion

  • McDermott Will & Emery
  • -
  • European Union, USA
  • -
  • April 9 2009

In a highly anticipated decision, the Supreme Court of the United States issued its unanimous opinion in Quanta Computer, Inc. v LG Electronics, Inc

Okaynow what? Fractured Federal Circuit issues five opinions in CLS Bank International case

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

A fractured U.S. Court of Appeals for the Federal Circuit published its long-awaited en banc decision in CLS Bank International v. Alice Corporation

Not every magazine use is fair

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 28 2012

The U.S. Court of Appeals for the Sixth Circuit sided with a TV news reporter, concluding that the publication, by Hustler magazine, of semi-nude photos of the reporter (which were owned by the reporter) was a copyright infringement and was a commercial use beyond the scope of a fair use defense

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