SCOTUS grants cert in consolidated Arthrex cases SCOTUS has agreed to hear arguments in connection with three consolidated Arthrex cases – United States v. Arthrex (19-1434), Smith & Nephew v. Arthrex (19-1452) and Arthrex v Smith & Nephew (19-1458).  However, SCOTUS has indicated that it’s review will be limited to the issues of:   Whether APJ’s of the USPTO are principal […]

Another Amici weighs in in The Moodsters v Disney

CSEL Amicus Brief Moodsters v Disney Graphically depicted characters are not among the “works of authorship” listed in 17 USC 102(a), which, argues the Moodsters, has created the opportunity for the Circuit courts to develop their own tests to determine whether copyright protection ought to attach. The Moodsters® are five color coded characters which represent […]

SCOTUS denies cert in three cases alleging post-grant proceedings violate the Takings clause of the 5th amendment

SCOTUS Order List 22JUN2020 Celgene Corp. v. Peter, Enzo Life Sciences v. Becton, Dickinson & Co., and Collabo Innovations v. Sony Corp. Dang, that sounded like a reasonable argument too!

A unanimous SCOTUS sends some luck Lucky’s way in Lucky Brand v Marcel

After 20 years of litigation, on May 14, 2020, the Supreme Court reversed and remanded the 2nd Circuit’s decision in Marcel Fashions Grp, Inc. v. Lucky Brand Dungarees et al., No. 2017-0361. Below, Lucky Brand filed a motion to dismiss using an argument from a previous round of litigation that had not yet been raised […]