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Militating Against Early Or Summary 101 Determinations
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 19 2018

Two recent Federal Circuit decisions, Berkheimer v. HP Inc. (No. 2017-1437) and Aatrix Software, Inc. v. Green Shades Software, Inc. (No. 2017-1452


Federal Circuit clarifies that wilful infringement must be decided by jury
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 5 2018

On January 12 2018 the Federal Circuit handed down its decision in Exmark Mfg Co v Briggs & Stratton Power (2016-2197). It clarified that, in view of


Fourth Circuit Clarifies That “Repeat Infringers” In DMCA Safe Harbor Provision Are Not Repeat Infringers As Adjudged By A Court
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 1 2018

On February 1, 2018, the United States Court of Appeals for the Fourth Circuit, in BMG Rights Management (US) LLC v. Cox Communications, Incorporated



Federal Circuit holds that time bar determinations for inter partes reviews may be appealed
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • January 22 2018

On January 8 2018 in Wi-Fi One, LLC v Broadcom Corp the US Court of Appeals for the Federal Circuit sitting en banc issued a majority opinion


Federal Circuit Clarifies Willful Infringement Is An Issue To Be Decided By Jury
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • January 16 2018

On January 12, 2018, the Federal Circuit in Exmark Mfg. Co. v. Briggs & Stratton Power (2016-2197) clarified that, in view of the Supreme Court's Halo


Court rules that immoral or scandalous matter can be registered
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • January 15 2018

On December 15 2017, In re Brunetti, a three-judge panel of the Court of Appeals for the Federal Circuit held that although the mark FUCT comprises


Wi-Fi One, LLC v. Broadcom Corp.: En Banc Federal Circuit Holds That Time-Bar Determinations for Petitions for Inter Partes Review May Be Appealed.
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • January 9 2018

On January 8, 2018, the Court of Appeals for the Federal Circuit, sitting en banc, issued a majority opinion holding that a determination made by the


In re Brunetti
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • December 18 2017

On December 15, 2017, a three-judge panel of the Court of Appeals for the Federal Circuit held that although the mark "FUCT" comprises immoral or


Supreme Court Hears Oral Argument On Constitutionality Of Inter Partes Review In Oil States
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • November 28 2017

On November 27, 2017, the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, No. 16-712. The Supreme