Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. We’ve got one more IP case to throw on the Supreme Court’s griddle. The justices are going to decide the statutory prerequisites for awarding infringer’s profits under the Lanham Act. I have some context below from a Debevoise & Plimpton partner. Meanwhile, Unified Patents reports that PTAB filings, which have been steady-eddy over the last five years, are suddenly on pace to drop by 24% this year. I’ve talked with a couple of practitioners who have theories, including a former (acting) chief judge of the PTAB. If you have your own theories, don’t be shy: email me here, and follow me on Twitter.


Williams & Connolly partner Lisa Blatt. Photo: Diego Radzinschi/ALM.

No Amici, No Problem for Trademark Case

When Romag Fasteners asked the Supreme Court to resolve a circuit split over infringer’s profits in trademark cases, opponents Fossil and Macy’s argued that a ruling either way won’t have much impact.

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