Laches: Not a Defense to Patent Infringement in the U.S.

By Mark D. Klinko, attorney at Fay Sharpe LLP On March 21, 2017, the U.S. Supreme Court issued a 7-1 decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.  Justice Alito delivered the opinion of the Court and Justice Breyer dissented.  The Court decided laches cannot be a defense against damages where […]

The Role Insurance Can Play in Your IP Strategy

Written by Mandy B. Willis, attorney You are a small, entrepreneurial company getting ready to introduce a product that will ensure your economic success. You have already taken steps to protect the intellectual property (the “IP”) behind the product. You invested in branding. You obtained a patent opinion that gives you clearance. But what if—unbeknownst […]

Can Your Patent Be Invalidated Without a Trial?

Written by Brad S. Pulfer, attorney at Fay Sharpe LLP Patent owners should be keeping a close eye on a case that may come before the Federal Circuit Court of Appeals that could potentially block challenges to patent validity outside of the courtroom. Cascades Projection v. Epson and Sony asks the court to decide whether […]

Wanna Be On Top? Intellectual Property Law at Fashion Week

By Rachel A. Smoot, attorney, Fay Sharpe LLP It’s that time of year again: designers flock to New York City to showcase their creativity and upcoming trends in fashion, allowing models to “stomp to the death” down runways in front of the world’s media. That’s right—it’s Fashion Week. While many people probably think of Fashion […]

Update to Lanham Act Gets Facelift

By Rachel A. Smoot, attorney, Fay Sharpe LLP On the morning of January 18, 2017, the Supreme Court heard oral arguments for Lee v. Tam. As a quick recap, this case stems from In re Tam, which began with Simon Shiao Tam’s federal trademark application for THE SLANTS. Mr. Tam is currently the front man […]

Disparagement and Scandal at SCOTUS – How the questionable constitutionality of Section 2(a) of the Lanham Act may impact your disparaging or scandalous mark

By Matthew Burkett, attorney The Supreme Court of the United States (SCOTUS) recently granted a petition for writ of certiorari, submitted by the United States Patent and Trademark Office (USPTO), to decide whether the disparagement provision of the Lanham Act is facially invalid under the First Amendment. The disparagement provision resides in Section 2(a) of […]

Protecting Your Startup Innovations – Patent v. Trade Secret

By Matthew R. Burkett Your startup has hit the ground running. The gang of millennials under your employ is trailblazing and innovation is flourishing. It’s time to consider how to protect your advancements from the competitors you didn’t know you were about to have. It is also important to consider how to protect certain innovations […]