How Do You Draft a Consent Decree for Trademark Infringement to Account for Unknown Unknowns? The Sixth Circuit Says “The Usual Way” in Recent Ruling

In 1995, Amazon recently sold its first book and eBay was just getting off the ground.  At that point, the idea of e-commerce marketplaces was in its infancy.  It was unlikely that Jeff Bezos contemplated that I might be buying… Read More

How Important is Compliance with the Marking Statute? The Federal Circuit Continues to Say It Is Pretty Important.

When an accused infringer admits to knowledge of potential infringement, but the commercial embodiment of the patent fails to comply with the marking statute, 35 U.S.C. § 287, what date should be used for calculating damages?  T… Read More

Are E-commerce Sites Liable for Trademark Infringement? The Sixth Circuit Gives Guidance

Can an e-commerce facilitator be liable for trademark infringement when the products they sell are designed by a third-party?  The Sixth Circuit says it depends on the degree of control the e-commerce facilitator has over manufac… Read More

A Photobooth Can Screen for Skin Cancer, But Federal Circuit Says it is Unpatentable Under § 103

Can you succeed in an argument for obviousness by combining a skin cancer detection device with a device for creating made-to-measure clothing or custom avatar?  The Federal Circuit says yes. In a precedential opinion, the Federa… Read More

References Still “Printed Publications” and Publicly Accessible under § 102 on a Poorly Designed Website

In a precedential opinion, the Federal Circuit upheld the decision of the USPTO’s Patent Trial and Appeal Board (PTAB) that documents presented at an industry task force meeting and later made available on the task force website… Read More