Brief Of Amici Curiae, Cuozzo Speed Technologies, LLC, v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office (U.S.November 9, 2015)

Click to download PDF: Brief Of Amici Curiae, Cuozzo Speed Technologies, LLC, v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office (U.S.November 9, 2015)  

The AIA does not restrict judicial review of a final written decision

On February 25, 2016, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief on the merits in Cuozzo Speed Technologies, LLC v. Lee, No. 15-446. Dorothy Auth, President of the NYIPLA, as well as Eugene Gelernter, Irena Royzman, Jason Vitullo, Charles R. Macedo and David Goldberg were authors on the brief. Charles […]

The US Supreme Court continues to follow stare decisis on the outdated Brulotte rule, but notes work-arounds on same

Kimble v Marvel Entertainment, LLC, No 13-720, 192 L. Ed. 2d 463 (US 22 June 2015) Abstract The US Supreme Court declined to overrule its precedent in Brulotte v Thys Co., 379 US 29 (1964), which prohibits patent royalty payments for activities continuing after the expiration of the patent term. However, the court did specify […]

ARE Patent Law Alert: 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 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 […]

ARE Patent Law Alert: Supreme Court Upholds Prior Precedent On Post-Expiration Royalty Payments

Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015) On June 22, 2015, the Supreme Court of the United States issued a decision in Kimble v. Marvel Entertainment, LLC, No. 13-720, slip op. (U.S. June 22, 2015), in which the Court declined to overrule its prior precedent in Brulotte v. Thys Co., 379 […]

Brief Of Amici Curiae, Ultramercial, LLC, et al., V. Wildtangent, Inc. (U.S. June 16, 2015)

Click to download PDF: Brief Of Amici Curiae, Ultramercial, LLC, et al., V. Wildtangent, Inc. (U.S. June 16, 2015)  

In The Press: DomainSkate Turns to Richard Mandaro for Insights On The Changing Domain And Intellectual Property (IP) Landscape In The U.S.

Here’s what he told DomainSkate about intellectual property basics for startups. Tell us about your specific areas of practice. I litigate patent, trademark, copyright, trade secret and unfair competition cases. I work with a wide range of clients, from Fortune 500 companies to smaller companies involved in technology, retail, apparel, toy as well as the […]

ARE Patent Litigation Alert: SCOTUS Rejects Good Faith Belief Of Invalidity Of A Patent As A Defense To Induced Infringement

(May 28, 2015) On May 26, 2015, in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, 574 U.S. ___ (May 26, 2015), the Supreme Court addressed the question of whether a good faith belief in an invalidity defense will defeat the “intent” element of a claim for induced infringement.  Cisco argued that it was not liable […]

ARE Patent Law Alert: On Remand in Akamai, Federal Circuit Reaffirms Single Entity Rule for Divided, Direct Infringement

Akamai Techs., Inc. v. Limelight Networks, Inc., Nos. 2009-1372, -1380, -1416, -1417 (Fed. Cir. May 13, 2015) On May 13, 2015, in the most recent decision of the Akamai Techs., Inc. v. Limelight Networks, Inc. saga, a split panel of the Federal Circuit upheld the standard for divided, direct infringement under 35 U.S.C. § 271(a) […]