Eric Alan Stone

May 11, 2016 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on four recent decisions involving plaintiffs' access to federal courts, holding that: (i) the broad corporate-residence standard for venue continues to apply to patent cases; (ii) there is personal jurisdiction over an ANDA filer in every district in which it foresees selling its generic drug; (iii) owners of foreign trademarks may bring unfair competition claims against U.S. owners of the same marks; and (iv) dismissal on forum non conveniens grounds is improper where the foreign forum is not shown to provide redress for U.S. intellectual property law disputes.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

March 09, 2016 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on an en banc decision from the Federal Circuit clarifying the law of patent exhaustion, trademark cases involving Stolichnaya vodka and canvas tote bags, and copyright cases involving ranch-house floor plans and "monkey selfies."

By Lewis R. Clayton and Eric Alan Stone

12 minute read

January 13, 2016 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review recent Federal Circuit decisions that invalidated the Lanham Act's preclusion of disparaging marks; held that the International Trade Commission lacks jurisdiction over cases involving "intangible" goods; confirmed the constitutionality of the inter partes review provisions of the America Invents Act; and defined the scope of infringement liability for products manufactured abroad.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

January 13, 2016 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review recent Federal Circuit decisions that invalidated the Lanham Act's preclusion of disparaging marks; held that the International Trade Commission lacks jurisdiction over cases involving "intangible" goods; confirmed the constitutionality of the inter partes review provisions of the America Invents Act; and defined the scope of infringement liability for products manufactured abroad.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

November 17, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on an important Federal Circuit decision reconfirming the availability of a laches defense in patent cases, a Ninth Circuit case requiring copyright holders to consider fair use before sending takedown notices to online content providers, along with cases addressing copyright protection for a derivative parody of a Hollywood movie and for a sequence of yoga poses.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

November 16, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on an important Federal Circuit decision reconfirming the availability of a laches defense in patent cases, a Ninth Circuit case requiring copyright holders to consider fair use before sending takedown notices to online content providers, along with cases addressing copyright protection for a derivative parody of a Hollywood movie and for a sequence of yoga poses.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

September 09, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on two important patent decisions from the Federal Circuit clarifying how that court will implement recent U.S. Supreme Court patent decisions regarding divided infringement and indefiniteness, along with two appellate Lanham Act cases, one addressing a district court's discretion to cancel a trademark and the other recognizing a cause of action for contributory false advertising.

By Lewis R. Clayton and Eric Alan Stone

11 minute read

September 09, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on two important patent decisions from the Federal Circuit clarifying how that court will implement recent U.S. Supreme Court patent decisions regarding divided infringement and indefiniteness, along with two appellate Lanham Act cases, one addressing a district court's discretion to cancel a trademark and the other recognizing a cause of action for contributory false advertising.

By Lewis R. Clayton and Eric Alan Stone

11 minute read

July 08, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review the U.S. Supreme Court's rejection of a good-faith belief in the invalidity of a patent as a defense to induced infringement and its reaffirmation of a longstanding but widely discredited rule against post-patent-expiration royalties, along with recent Second and Ninth Circuit decisions.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

July 08, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review the U.S. Supreme Court's rejection of a good-faith belief in the invalidity of a patent as a defense to induced infringement and its reaffirmation of a longstanding but widely discredited rule against post-patent-expiration royalties, along with recent Second and Ninth Circuit decisions.

By Lewis R. Clayton and Eric Alan Stone

12 minute read