Posts filtered by tags: Iancu[x]


 

A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Mark Walsh of last week’s oral argument in Iancu v. Brunetti, a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. The post A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti appeared first on SCOTUSblog.
Tags: Featured, Law, Court, Howe, Mark Walsh, Brunetti, Amy Howe, Iancu, SCOTUStalk


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Iancu v. Brunetti Emulex Corp. v. Varjabedian Parker Drilling Management Services, Ltd. v. Newton North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust United States v. Davis McDonough v. Smith   The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog. ...
Tags: Supreme Court, Law, Smith, Oyez, Merits Cases, Iancu, Brunetti Emulex Corp, Newton North Carolina Department of Revenue, Davis McDonough


Wednesday round-up

Two oral arguments are on the justices’ agenda this morning. First up is United States v. Davis, which asks whether the definition of “crime of violence” is unconstitutionally vague in the context of federal criminal prosecutions involving firearms. Leah Litman previewed the case for this blog. Isaac Syed has a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in McDonough v. Smith, in which the court will decide when the statute of limitations begins to run...
Tags: Supreme Court, Law, America, United States, Davis, Smith, Cornell, Economist, Round-up, Alison Frankel, McDonough, Steven Mazie, Brunetti, Bill Donahue, Iancu, Howard Wasserman


"If this is held to be unconstitutional, what is going to happen with whatever list of really dirty words still exist and all of their variations?"

"There's going to be a mad scramble by people to register these marks. And the ones who get there first are going to have exclusive -- they're not unlimited. What's going to -- there's going to be -- those who get there first are going to be the ones who have these."Asked Justice Alito in yesterday's oral argument in Iancu v. Brunetti (PDF), challenging the Patent and Trademark office's rejection of the trademark "Fuct."By the way, no one in the transcript ever says "Fuct" or "fuck" or whatever ...
Tags: Meat, Supreme Court, Law, Intellectual Property, Nina Totenberg, Alito, Unsaid Things, Ann Althouse, Dirty Words, Iancu, Fuct, Brunetti PDF


Tuesday round-up

The justices will hear oral argument this morning in two cases. The first is Parker Drilling Management Services. Ltd. v. Newton, in which they will consider whether California’s overtime and wage laws apply to drilling rigs on the Outer Continental Shelf. Andrew Siegel previewed the case for this blog. Lauren Devendorf and Tyler Schmitt have a preview at Cornell Law School’s Legal Information Institute. This morning’s second argument is in North Carolina Dept of Revenue v. Kimberley Rice Kaestn...
Tags: Supreme Court, Law, California, Washington Post, Court, Npr, Los Angeles Times, Cornell, Newton, Ucla, Round-up, Lyle Denniston, Robert Barnes, Howe, Jess Bravin, Nina Totenberg


Fooey on the Draft

Iancu v. Brunetti (Supreme Court 2019) [Oral Arg Transcript] In this case, the Federal Circuit held that the prohibition on registering “immoral” or “scandalous” marks is a facial violation of a registrant’s First Amendment free speech rights.  Here, Brunetti is seeking to register the mark “FUCT,” which the solicitor identified as a close homonym of “the paradigmatic word of profanity in our language.” Oral arguments were held on April 15 before the nine Supreme Court justices. In the case bef...
Tags: Supreme Court, Law, California, Uspto, Patent, Tam, Cohen, Coast Guard, Roberts, Ginsburg, Alito, PTO, Sotomayor, Breyer, Sommer, Kavanaugh


Argument transcripts

The transcript of oral argument in Iancu v. Brunetti is available on the Supreme Court’s website; the transcript in Emulex Corp. v. Varjabedian is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Brunetti, Merits Cases, Iancu, Emulex Corp, Varjabedian


Monday round-up

This morning the Supreme Court will kick off its April session, the last of the term, with oral arguments in two cases. First up is Iancu v. Brunetti, in which the court will consider a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. Megan Carpenter previewed the case for this blog. Lauren Kloss and Nayanthika Ramakrishnan have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. At Blo...
Tags: New York, Supreme Court, Law, Alabama, Bloomberg, Commerce, New York Times, Round-up, Howe, Adam Liptak, Jess Bravin, Richard Wolf, Greg Stohr, Department of Commerce, Brunetti, Amy Howe


This week at the court

The Supreme Court will release orders from the April 12 conference on Monday at 9:30 a.m.; John Elwood’s Relist Watch compiles that petitions that were likely relisted for this conference. On Monday, the justices hear oral argument in Iancu v. Brunetti and Emulex Corp. v. Varjabedian. On Tuesday, the justices hear oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. On Wednesday, the justic...
Tags: Supreme Court, Law, United States, Davis, Smith, Newton, McDonough, Brunetti, This Week at the Court, John Elwood, Iancu, Emulex Corp, North Carolina Department of Revenue, Varjabedian, Parker Drilling Management Services Ltd


Argument preview: Justices to consider constitutionality of banning trademark registration for immoral and scandalous marks

Trademark law is a consumer protection mechanism. It promotes fair competition by preventing consumer confusion and deception in the marketplace, and incentivizes producers to develop goodwill in their goods and services. Trademark rights begin with use of a mark in commerce, and registration with the U.S. Patent and Trademark Office is not necessary. However, significant rights accrue from registration, such as a presumptive right of validity, constructive nationwide rights, the potential for...
Tags: Featured, Supreme Court, Law, Uspto, Tam, U S Patent and Trademark Office, Anthony Kennedy, Federal Circuit, U S Court of Appeals for the Federal Circuit, Brunetti, Trademark Trial and Appeal Board, Ttab, Merits Cases, Iancu, Natas Kaupas, Matal


United States: PTAB Must Consider All Grounds Raised In An Instituted Petition - Marshall, Gerstein & Borun LLP

In AC Technologies S.A. v. Amazon.com, the Federal Circuit confirmed the PTO's interpretation of SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348, 1355 (2018)
Tags: Amazon, News, United States, PTO, Federal Circuit, SAS Institute Inc, Iancu, Marshall Gerstein, Borun LLP, AC Technologies


Free speech roundup

“In Cato’s latest ‘funny brief,’ Ilya Shapiro and Trevor Burrus are once again telling the Court that scandalous speech is valuable to society and that there’s no way for a government office to be trusted to decide what’s ‘scandalous.'” [Ilya Shapiro and Trevor Burrus on Cato certiorari amicus brief (with P.J. O’Rourke, Nadine Strossen, and others) in trademark registration case of Iancu v. Brunetti] Could someone remind the President of the United States that there’s no law against making fun...
Tags: Law, Uncategorized, Social Media, Fbi, Pennsylvania, United States, New Zealand, Knox, Donald Trump, Free Speech, First Amendment, San Antonio, Christchurch, Trademarks, Calif, Chicago Sun Times


Monday round-up

This morning the court begins the second week of the March sitting with two oral arguments. First up is PDR Network, LLC v. Carlton & Harris Chiropractic Inc., which asks whether the Hobbs Act, a jurisdictional-channeling statute, requires courts to accept the Federal Communications Commission’s interpretation of a statute allowing recipients of “junk faxes” to sue the senders for damages. Christopher Walker previewed the case for this blog. Luís Lozada and Isaac Syed have a preview at Cornell L...
Tags: Mississippi, Maryland, Supreme Court, Law, Washington Post, Bloomberg, Ford, Federal Communications Commission, Nielsen, North Carolina, Flowers, Patterson, Cornell, South, Walgreen, Round-up


United States: Just Because The PTAB Finds Some Claims Reasonably Likely To Be Unpatentable, Institution Is Not Guaranteed Where A Petitioner Raises Multitudinous Challenges - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348 (2018), the Supreme Court held that a Patent Trial and Appeal Board (PTAB) decision on institution of an inter partes review (IPR)
Tags: News, Supreme Court, United States, Patent Trial and Appeal Board PTAB, SAS Institute Inc, Iancu, Finnegan Henderson Farabow Garrett, Dunner LLP


Supreme Court Patent Rundown

by Dennis Crouch Two patent cases are pending before the Supreme Court on their merits: Return Mail, Inc. v. United States Postal Service, No. 17-1594 (Can a US Gov’t entity petition for AIA review?) Iancu v. NantKwest, Inc., No. 18-801 (Are attorney fees automatically shifted in Section 145 Civil action to obtain patent?) Neither of these cases address core patent law issues and so their outcome will have little impact on patent law practice. The Court has indicated some interest in four ...
Tags: Supreme Court, Law, US, AIA, Patent, United States Postal Service, Illumina Inc, PTO, Yahoo Inc, United States Patent and Trademark Office, IPR, Intersil, Dennis Crouch, Atlanta Gas Light Company, Mylan Pharmaceuticals Inc, PTAB


Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell


Tuesday round-up

Yesterday the court released orders from Friday’s conference, adding a patent case to its docket for next term and declining to review two related cases involving public funding of religious institutions. Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. At Jurist, Erin McCarthy Holliday covers the patent case, Iancu v. NantKwest, which asks whether a federal law allowing a patent applicant to seek review of a patent denial in district court but re...
Tags: Supreme Court, Law, Washington Post, Wall Street, Court, Bloomberg, Ap, Cnn, House, New York Times, New Jersey, Ruth Bader Ginsburg, Los Angeles Times, Round-up, Thomas, Copyright Office


Justices add patent-fees case to next term’s docket

This morning the Supreme Court issued orders from last week’s conference, adding a new case involving fees in patent cases to its docket. Under federal law, an unsuccessful patent applicant who wants a court to review the denial of his patent by the U.S. Patent and Trademark Office has two options. He can go to the U.S. Court of Appeals for the Federal Circuit, which will review the denial based on the same record that the USPTO used. Or he can go to federal district court, which will let him ad...
Tags: Featured, Supreme Court, Law, Court, Indiana, Missouri, Lgbtq, U S Supreme Court, Morristown, Howe, New Jersey Supreme Court, U S Patent and Trademark Office, Trinity Lutheran Church, Samuel Alito, Kavanaugh, U S Court of Appeals for the Federal Circuit


Supreme Court will hear Section 145 Attorney Fees Case

by Dennis Crouch The Supreme Court has granted writ of certiori in Iancu v. NantKwest Inc. on the question: Whether the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 encompasses the personnel expenses the United States Patent and Trademark Office incurs when its employees, including attorneys, defend the agency in Section 145 litigation. When an examiner refuses to allow an applied-for patent, the applicant can appeal to the USPTO’s internal administrative board (PTAB). If st...
Tags: Supreme Court, Law, Uspto, Patent, Hyatt, Fed, Court of Appeals for the Federal Circuit, Federal Circuit, United States Patent and Trademark Office, Rimini Street Inc, Dennis Crouch, Iancu, NantKwest Inc, Kappos, Oracle USA Inc


Relist Watch

John Elwood reviews Monday’s relists. With the recent reduction in trusted sources for Supreme Court news, untrusted news sources must do our best to fill the gap. So even though I have an argument approaching, I will once again try to rise to the occasion. Happily for me, it’s a light week for relists. First the old business. The court finally resolved that tangle of 56 Armed Career Criminal Act cases pretty much the way I expected. Otherwise, from last week’s installment, we had one denial, ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, Kanye West, United States, Wheeler, Kansas, Louisiana, Nielsen, Naacp


Wednesday round-up

Today the justices close out the February session with an argument in the most notable case of the term so far, The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property. Amy Howe had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case for Cornell Law School’s Legal Information Institute. Subscript Law has a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys...
Tags: Supreme Court, Law, Washington Post, America, Cnn, United States, Fox News, Npr, Economist, ABA Journal, American Legion, Round-up, Mark Joseph Stern, Howe, Nina Totenberg, Lambert


United States: Realtime Data, LLC, v. Iancu: No Requirement To Make Any Finding Of A Motivation To Combine Two References When A Claim Is Invalid As Being Obvious Over A Single Reference - Oblon, McClelland, Maier & Neustadt, L.L.P

The Federal Circuit affirmed the Patent and Trademark Appeal Board's (PTAB) determination that all of the challenged claims of Realtime's U.S. Patent 6,597,812 ("the ‘812 patent")
Tags: News, United States, Federal Circuit, PTAB, Iancu, Neustadt, Oblon McClelland Maier, Trademark Appeal Board, Realtime Data LLC


United States: The Federal Circuit Provides New Direction On Patent Term Adjustment - Squire Patton Boggs LLP

In a recent Federal Circuit case, Supernus Pharmaceuticals, Inc. v. Iancu, No. 2017-1357 (Federal Circuit, January 23, 2019), the USPTO's calculation of Applicant delay in the determination of Patent Term Adjustment
Tags: News, United States, Uspto, Federal Circuit, Supernus Pharmaceuticals Inc, Iancu


Court releases April calendar

The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days of the sitting. The April sitting is perhaps most noteworthy for what it does not currently include: the challenge to the Trump administration’s decision to add a question about citizenship to t...
Tags: New York, Featured, Supreme Court, Law, California, United States, Davis, Wisconsin, Smith, United, Newton, Trump, Howe, Argus, McDonough, Brunetti


United States: Patent Term Adjustment: The Real Meaning Of Applicant Delay - Mintz

On January 23, 2019, the Federal Circuit decided Supernus Pharmaceuticals, Inc. vs. Iancu and shed light on Patent Term Adjustment (PTA).
Tags: News, United States, Federal Circuit, Mintz, Supernus Pharmaceuticals Inc, Iancu


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the scrutiny applicable to a government policy of pretrial detainment for misdemeanor and traffic-offense arrestees based solely on their inability to pay a predetermined bail amount, the requirements for a patent to satisfy Section 101 of the Patent Act, the expenses encompassed in the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145, and whether the use of an acoustic device can...
Tags: Supreme Court, Law, Maguire, U S Court of Appeals, United States Patent and Trademark Office, Cases in the Pipeline, Iancu, NantKwest Inc, Vanda Pharmaceuticals Inc, Edrei, Hikma Pharmaceuticals USA Inc, City of Calhoun Georgia


Standing on the Shoulders of those Without Standing

by Dennis Crouch Mylan Pharms. Inc. v. Research Corp. Techs., Inc.  (Fed. Cir. 2019) This post begins with an obviousness discussion, then moves to IPR standing, and finally talks about SAS.  Obviousness: In Mylan, the Federal Circuit affirms a PTAB decision siding with the patentee and holding that RCT’s pharmaceutical compound patent claims were not proven unpatentable (i.e., confirming patentability). The patent at issue is directed toward an enantiomeric isomer (R configuration) of lacosamid...
Tags: Supreme Court, Law, Patent, Board, Mylan, Federal Circuit, IPR, SAS Institute Inc, Dennis Crouch, PTAB, Argentum, Iancu, Joinder, Inter Partes Review IPR, RCT, Mylan Pharms Inc


United States: All Or Nothing: PTAB Must Institute IPR On All Challenged Claims And Grounds, Or None At All - Wolf, Greenfield & Sacks, P.C.

This past year, the Supreme Court in SAS Institute v. Iancu held that once the PTAB institutes an IPR trial its subsequent final written decision must address all claims challenged in the petition.
Tags: News, Supreme Court, United States, IPR, SAS Institute, Iancu, All Wolf Greenfield


United States: Supernus Wins PTA Battle - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Decision: Supernus v. Iancu, --F.3d__, 2019 WL 286925 (Fed. Cir. Jan. 23, 2019)
Tags: News, United States, Iancu, Finnegan Henderson Farabow Garrett, Dunner LLP, Supernus


United States: Federal Circuit Invalidates PTA Deduction Without Applicant Delay - Foley & Lardner

In a long-awaited decision in Supernus Pharmaceuticals, Inc. v. Iancu (argued December 2017), the Federal Circuit held that the USPTO improperly imposed a Patent Term Adjustment (PTA) deduction for "applicant delay" during a period when the applicant "could have done nothing to advance prosecution."
Tags: News, United States, Uspto, Foley, Federal Circuit, Lardner, Supernus Pharmaceuticals Inc, Iancu, Federal Circuit Invalidates PTA