Supreme Court 2014-2015 IP Case Review

In the past term, as in its 2013-2014 term, the Supreme Court once again showed a keen interest in intellectual property matters. The Amicus Brief Committee filed briefs in two of the five intellectual property cases reviewed by the Court.1 Below, we summarize last term’s decisions in the order they were issued by the Court. […]

ARE Trademark Law Alert:
US Court of Appeals Finds Lanham Act Prohibition of Registration of Disparaging Trademarks to Be Unconstitutional

(December 23, 2015). On Tuesday, December 22, 2015, the US Court of Appeals for the Federal Circuit issued its much awaited en banc decision in the In re Tam case, and found the Lanham Act’s prohibition against the registration of “disparaging” trademarks to be a violation of the US Constitution’s First Amendment. This case arose […]

ARE Patent Law Alert: In Another Win For Firm’s IPR Team, PTAB Confirms its Authority to Deny Untimely Challenges to the Real Party in Interest

Amster, Rothstein & Ebenstein, LLP attorneys successfully defended against a challenge to the named real party in interest (“RPI”) in a series of inter partes review (“IPR”) proceedings brought by Petitioner First Quality Baby Products, LLC against Patent Owner Kimberly-Clark Worldwide, Inc.’s 8,747,379 B2: IPR2014-01021, -01023, and -01024. In its decision issued on July 16, 2015, […]

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Firm Wins En Banc Appeal in SCA v. First Quality

In another victory for Amster, Rothstein & Ebenstein LLP attorneys on behalf of Defendants First Quality, the Federal Circuit upheld the defense of laches in patent law in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 2013-1564 (Fed. Cir. Sept. 18, 2015). The Court heard this case en banc to consider the […]

Amster, Rothstein & Ebenstein Announces Arrival Of Anne Hassett

New York, NY, April 23, 2015 Amster, Rothstein & Ebenstein, LLP, a prominent New York intellectual property boutique announced today that Anne Hassett has become Of Counsel to the firm. Anne is a skilled advocate with 30 years’ experience advising clients on complex business litigation. Her practice has concentrated on intellectual property involving a wide […]

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The Full Federal Circuit Clarifies Law on Divided Infringement Under 35 USC 271(a) in Akamai v. Limelight

(August 13, 2015) Today, the Federal Circuit issued a unanimous per curium en banc opinion (with three Judges not participating) in Akamai Technologies, Inc. v. Limelight Networks, Inc. In vacating its prior panel decision, the Court has extended the conditions under which there can be direct infringement under Section 271(a) by more than one actor, […]

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US Court of Appeals for the Ninth Circuit Affirms District Court’s Decision Setting Reasonable and Non-Discriminatory (“RAND”) Royalty Rate

Microsoft Corp. v. Motorola, Inc., No. 14-35393, 2015 U.S. App. LEXIS 13275 (9th Cir. July 30, 2015) (“Microsoft”). On Thursday, July 30, 2015, the US Court of Appeals for the Ninth Circuit affirmed the Western District of Washington’s landmark 2013 decision that set, for the first time, a fair, reasonable and non-discriminatory (“RAND”) royalty rate […]

ARE Trademark Law Alert: Supreme Court Holds TTAB Decisions May Have Preclusive Effects

On March 24, 2015, the U.S. Supreme Court, in a 7-2 decision, reversed and remanded the Court of Appeals for the Eighth Circuit and held that “a court should give preclusive effect to TTAB decisions if the ordinary elements of issue preclusion are met.”  B&B Hardware, Inc. v. Hargis Indus., No. 13-352, 575 U.S. __, […]

Brief Of Amici Curiae, In re Cuozzo Speed Technologies, LLC, V. Michelle L. Lee, Director, U.S. Patent and Trademark Office. (U.S. April 16, 2015)

Click to download PDF: Brief Of Amici Curiae, In re Cuozzo Speed Technologies, LLC, V. Michelle L. Lee, Director, U.S. Patent and Trademark Office. (U.S. April 16, 2015)  

ARE Copyright Law Alert:
Court Finds Lace Design Copyrightable in Firm Defeat of Summary Judgment Motion

Amster, Rothstein & Ebenstein, LLP attorneys successfully defended against a summary judgment motion brought by defendants to a copyright infringement action regarding plaintiff’s copyrighted lace design. In a decision issued on July 16, 2015, a judge in the Southern District of New York rejected defendant’s arguments that the registered design was unenforceable and unprotectable.  The […]