Category: Federal Circuit

Federal Court Upholds Offensive Trademark as Free Speech

What do the Redskins, The Slants, and the ACLU have in common? Citing the First Amendment, they say free speech trumps the Government’s efforts to ban offensive trademarks. They advocate for the rights of intellectual property owners, specifically trademark rights, for everyone who uses a mark in commerce. Even obnoxious marks. On the opposite side, the Government […]

Patent — Picture or 1,000 Words?

In a patent, which is better: A picture or 1,000 words? For patent purposes, it’s important to provide considerable detail in drawings and descriptions. Some foresight is required, because support is required as of the filing date for the originally filed claims and for amendments that may become desirable during prosecution. In this article, we will consider […]

More Words, Less Patent Clarity

The Director of the U.S. Patent and Trademark Office has announced that in her zeal to prevent substandard patents from issuing, she will insist on clarity of the record. Every word of every patent will have to be defined. And every word stated in the patent process—in the give and take (or “prosecution”) between applicant

Some Kind of Patent Trial

Patent jury trials reached their zenith in the mid-1990s. The stakes remain high, though the drama has faded. Now, even if it’s called a trial, what you get is “some kind of hearing,” as Judge Henry Friendly once called it in his seminal lecture and law review article. Some kind of hearing: That’s all you can expect in […]

Patent World Convenes at IPO in Chicago

This week the world of corporate intellectual property (IP) converged in Chicago for the Annual Meeting of the Intellectual Property Owners (IPO) Association. A record 1150 IP lawyers and patent and trademark attorneys attended from the U.S., Europe, Asia, Canada, Latin America,  Australia and Africa. See attached photo (from left to right): Ray Ricordati, Renata Righetti, Richard Beem, […]

Samsung loses bid for rehearing in $500 MM patent award to Apple

In my recent blog post, I reported that Samsung, backed by Google and other tech giants, was seeking rehearing of the Federal Circuit’s decision affirming some $500 million in damages to be paid by Samsung to Apple for design patent infringement. Hundreds of breathless reporters wondered whether Samsung would succeed in

Federal Circuit Judicial Clerkship Experience

It is a wonderful experience to serve as law clerk to a judge. It’s fun to meet other law clerks, judges, and members of the bar. Clerks get to know each other in a variety of ways, forming friendships that can last a lifetime. Here is a photo from Archives Courtesy of Federal Circuit Historical Society showing the law […]

Why Samsung will pay half billion to Apple for design patent infringement

In a saga of epic proportions, sprawling across the globe, Apple and Samsung have been duking it out over smartphone design and features. That’s billion, with a “B” District Judge Lucy Koh of California entered judgment in favor of Apple to the tune of