by Tim Billick | Aug 27, 2024 | Intellectual Property
On June 28, 2024, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises v. Raimondo. In Loper, the court majority overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., a landmark administrative law case establishing that...
by Tim Billick | Aug 27, 2024 | Intellectual Property
The battle between Samsung Electronics Co., Ltd. and Apple Inc. over patent infringement claims has been one of the most high-profile legal conflicts in recent history. Spanning several years and involving multiple lawsuits and appeals, the dispute revolved around...
by Tim Billick | Aug 27, 2024 | Intellectual Property
Assignor estoppel is a doctrine intended to ensure fairness and uphold the integrity of patent transactions. In 2021, the Supreme Court’s decision in Minerva Surgical v. Hologic refined this doctrine. The Court upheld assignor estoppel but limited its application,...
by Tim Billick | Aug 27, 2024 | Intellectual Property
The “Trump Too Small” trademark dispute centers on Steve Elster’s effort to register a politically charged phrase referring to former President Donald Trump for use on merchandise such as T-shirts. The US Patent and Trademark Office (USPTO) initially rejected Elster’s...
by Tim Billick | Aug 27, 2024 | Intellectual Property
When do you need to bring a copyright infringement claim before you lose the right? Under the U.S. Code, the copyright infringement statute of limitations is three years. So, you have to bring a claim within three years. Within three years of what? The usual answer is...
by Tim Billick | Aug 27, 2024 | Intellectual Property
When deciding whether to apply for a design patent vs. a utility patent, the usual dividing line is that you use a utility patent for function and a design patent for appearance. Utility patents cover how an invention works, while design patents cover what an...