Lewis R Clayton

September 08, 2020 | New York Law Journal

In their column on Intellectual Property Litigation, Lewis R. Clayton and Eric Alan Stone describe three cases the Supreme Court will consider hearing, that involve graphically depicted characters, visual art, and musical compositions.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

July 14, 2020 | New York Law Journal

In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone discuss the issue of federal courts reviewing PTAB decisions on the timeliness of a petition for inter partes review.

By Lewis R. Clayton and Eric Alan Stone

10 minute read

May 12, 2020 | New York Law Journal

In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone discuss recent Federal Circuit cases 'Hologic v. Minerva Surgical' and 'Arista Networks v. Cisco Systems' that addressed the scope of assignor estoppel. The doctrine is significant for attorneys advising clients in transferring patent rights.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

March 10, 2020 | New York Law Journal

This term, the Supreme Court may decide whether Google's copying of portions of Oracle's Java platform for use in Google's Android operating system was a fair use, and, separately, the Ninth Circuit will consider whether the use of illustrations from Dr. Seuss's Oh, the Places You'll Go! in a comic mash-up with Star Trek was a fair use. Lewis R. Clayton and Eric Alan Stone report on the cases in this edition of their Intellectual Property Litigation column.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

January 14, 2020 | New York Law Journal

The Supreme Court is set to decide 'USPTO v. Booking.com', on the issue of whether a generic top-level domain combined with an otherwise-generic second-level domain can create a non-generic, protectable trademark for an online business. In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone report on this pending appeal.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

November 12, 2019 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on 'Romag Fasteners v. Fossil', in which the U.S. Supreme Court is set to resolve a six-to-six circuit split over whether a successful trademark-infringement plaintiff may recover the defendant-infringer's own profits without showing that the defendant's false or misleading use of the trademark was willful.

By Lewis R. Clayton and Eric Alan Stone

8 minute read

September 10, 2019 | New York Law Journal

The "government edicts" doctrine precludes copyright protection for certain government works, such as state and federal statutes and judicial decisions. In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone discuss a case in which the Supreme Court will decide whether the doctrine precludes Georgia from copyrighting the annotations in the Official Code of Georgia Annotated. The court's holding may affect not only the state of Georgia but the 20 other states that have registered copyrights in all or part of their state codes, and may have implications for the copyright status of other government-approved works.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

July 09, 2019 | New York Law Journal

In 'Hulu v. Sound View Innovations,' the Patent Office's Precedential Opinion Panel is set to decide what showing a petitioner must make to establish that a reference was publicly available prior to the date of the challenged patent, thus qualifying as a printed publication. In their Intellectual Property Litigaion column, Lewis Clayton and Eric Alan Stone discuss 'Hulu' and other cases considering this issue.

By Lewis R. Clayton and Eric Alan Stone

8 minute read

May 07, 2019 | New York Law Journal

Intellectual Property Litigation columnists Lewis R. Clayton and Eric Alan Stone discuss how courts have grappled with when a trademark owner's right to enforce its mark against misleading suggestions of origin “must give way to expressive speech protected by the First Amendment,” as shown most recently in a series of cases from courts within the Ninth Circuit. One case has allowed the claims to proceed and the other granted summary judgment disposing of the claims.

By Lewis R. Clayton and Eric Alan Stone

8 minute read

May 07, 2019 | The Recorder

A series of cases from courts within the Ninth Circuit have grappled with the issue of when a trademark owner's right to enforce its mark against misleading suggestions of origin “must give way to expressive speech protected by the First Amendment."

By Lewis R. Clayton and Eric Alan Stone

8 minute read