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November 07, 2023 | New York Law Journal

Williams & Connolly Partner on Bringing Pop Culture to Life at The Supreme Court

"I think lawyers make a mistake in trying to make the law sound too technical," the veteran Supreme Court lawyer said.
6 minute read
August 28, 2020 | New York Law Journal

'Star Athletica' Three Years On

The 2017 U.S. Supreme Court decision 'Star Athletica v. Varsity Brands' was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.
8 minute read
October 08, 2019 | Law.com

Skilled in the Art: Five Takeaways from NantKwest + Big-Dollar Patent Cases Get Final Resolution

The Supreme Court heard arguments Monday on whether the USPTO can recover its in-house attorneys fees in Section 145 proceedings.
7 minute read
August 23, 2019 | New York Law Journal

The Big Shift and What It Means

Although not a single word has been altered in any statute, what we know now about the protectability of fashion designs is very different from what we thought we knew a very short time before.
8 minute read
April 10, 2019 | Law.com

Skilled in the Art: The PTAB Needs an Inferiority Complex + Enough Is Enough for IPRs

One company is attempting to argue that all 270 PTAB judges are subject to the Appointments Clause of the U.S. Constitution.
7 minute read
January 11, 2019 | Law.com

Skilled in the Art: Wilmer Partner Earns Combat Pay + Meet the New PTO Solicitor + EFF Tries to Unlock Uniloc-Fortress Deal

Wilmer Cutler Pickering Hale and Dorr partner Mark Fleming kept an even keel while taking shot after shot from Federal Circuit Judge Kimberly Moore with about $1 billion on the line for Apple.
9 minute read
August 17, 2018 | Law.com

Skilled in the Art: Going En Banc on Patent Footnotes + Turns Out $51 Million in Attorney Fees Is a Bit Much

The decision delved into whether voluntarily withdrawing a patent infringement case reset the clock for filing inter partes review.
8 minute read
April 30, 2018 | The Recorder

Supreme Court Upholds IPRs, For Now, But Profoundly Reshapes the PTAB's Role

In the most anticipated patent case of the year, the Supreme Court recently upheld the CAFC in Oil States Energy Services v. Greenes's Energy Group, supporting Congress' power to institute inter partes reviews (IPRs) in the American Invents Act's (AIA) post-grant review process.
7 minute read
April 18, 2017 |

SCOTUS Holds Designs on Cheerleading Uniforms Are Copyrightable

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Some eminent U.S. Supreme Court watchers have speculated that the court's temporary 4-4 ideological stalemate in 2016 led it to avoid cases involving hot-button issues. One case that arguably lends credence to this theory is 'Star Athletica v. Varsity Brands', which raised no contentious political issues, to put it mildly, but did give the court an opportunity to standardize an uncommonly chaotic body of case law surrounding the application of copyright law's "conceptual separability doctrine" to useful articles, including garments.
15 minute read
March 22, 2017 |

Star Athletica, L.L.C. v. Varsity Brands, Inc.

12 minute read

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