2018/2019 Supreme Court Intellectual Property Review

The U.S. Supreme Court has concluded their term and continues to issue significant decisions affecting intellectual property.  While the Court was relatively quiet on the patent side, they did issue a number of landmark copyright and trademark decisions. During this one-hour webinar, Frank Angileri and Chanille Carswell discussed the Court’s significant decisions and detailed the significance going forward.

The following cases were examined:

  • Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc – The Court rejected an argument that would make changes to the America Invents Act language governing the on-sale bar rule. 
  • Return Mail Inc. v. U.S. Postal Service – A decision that ruled the U.S. government is not a “person” for purposes of filing a petition for review of a patent under the transitional program for covered business method patents (“CBM”).
  • Mission Product Holdings Inc. v. Tempnology, LLC – A decision that determined brand owners cannot use bankruptcy law to revoke a trademark license.
  • Iancu v. Brunetti – A ruling that struck down the Lanham Act's ban on "immoral or scandalous" trademark registrations, ruling it an unconstitutional restriction on speech.
  • Fourth Estate Public Benefit Corp. v. Wall-Street.com – The Court decided that copyright owners cannot sue for infringement until the U.S. Copyright Office has actually registered the work at issue.
  • Rimini Street Inc. v. Oracle USA Inc. – A ruling that said awards of so-called “costs” should not get special treatment in copyright cases.

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