Skilled in the Art: Supreme Court Spotlight Shifts to Trademark Remedies + NPE Suits Up, PTAB Filings Down + Who's Arguing—$2.5 Billion Edition
The Supreme Court is set to decide the statutory prerequisites for awarding infringer's profits under the Lanham Act.
July 03, 2019 at 10:52 AM
9 minute read
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.
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.
“The absence of amicus support for the petition—even though associations representing trademark owners regularly file briefs addressing questions they deem important—confirms the lack of meaningful conflict and the unimportance of the issue presented,” Gibney, Anthony & Flaherty partner Jeff Dupler argued in opposition.
That didn't stop the Supreme Court from granting cert Friday in Romag Fasteners v. Fossil. My knee-jerk reaction: Once again, the Supreme Court has taken up an IP issue that nobody cares about.
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