The Slants Case and the Trademark Protection Debate

The Slants Case and the Trademark Protection Debate

By David Kline A January 2017 release from Simon Tam’s dance rock group The Slants is called “The Band Who Must Not Be Named” — and for good reason. Despite making music for more than a decade, the world’s first all Asian-American dance rock band had...
Conan O’Brien’s Joke Theft Lawsuit

Conan O’Brien’s Joke Theft Lawsuit

Talk-show host Conan O’Brien recently came to an undisclosed settlement with a freelance comedy writer who accused Conan and his team of stealing several jokes from his social media accounts back in 2015. The litigation represents a rare copyright infringement...
Should Willful Infringers Pay Enhanced Damages?

Should Willful Infringers Pay Enhanced Damages?

Mark Finkelstein and Scott Miller Section 284 of the U.S. Patent Act provides that if a defendant has been found to have infringed a patent, “the court may increase the damages up to three times the amount found or assessed” after a finding that the infringement was...
Should Software Patents Be Outlawed?

Should Software Patents Be Outlawed?

By David KlineIn June of 2014, The U.S. Supreme Court issued its most consequential decision on the patentability of software since it upheld the first software patent 33 years previously. In Alice v. CLS Bank, the Court ruled that taking some activity that people...
Is the Supreme Court Killing Life Science Innovation?

Is the Supreme Court Killing Life Science Innovation?

By David Kline In 2012, the United States Supreme Court in Mayo Collaborative Services v. Prometheus Labs invalidated a patent for an innovative diagnostic test for a personalized medicine dosing regimen, and the fallout from this ruling continues to affect the whole...