August Meeting: Supreme Court and Federal Circuit Update: Significant IP Decisions for 2015-2016
At our August meeting, Matthew Molloy and John Luken, both of Dinsmore & Shohl, led an enlightening discussion on recent opinions
from The United States Supreme Court and the Court of Appeals for the Federal Circuit.
From the USSC, Mr. Molloy and Mr. Luken discussed recent decisions addressing topics including enhanced damages for willful infringement (Halo/Stryker), IPR claim construction standards (Cuozzo), attorney's fee awards in Copyright Cases (Wiley v Kirtsaeng), design patent damages (Apple v Samsung), patent laches (SCA Hygiene v First Quality Baby Prods), the copyrighting of useful articles (Star Athletica v. Varsity Brands), and patent implications when supplying subcomponents of a patented invention abroad (Lifetech v Promega).
From the CAFC, Mr. Molloy and Mr. Luken discussed recent decisions addressing topics including Section 101, venue (
In re TC Heartland
), the 102(b) on sale bar (
Medicines Co v Hospira
), international patent exhaustion (
Lexmark v Impression Prods
), and, in trademark law, disparaging marks (
In re Tam)