Lewis R Clayton

November 12, 2007 | National Law Journal

Two recent Federal Circuit cases illustrate the delicate line drawing courts have found necessary to attempt to identify patentable subject matter while preserving abstract ideas for public use. In re Comiskey analyzed the most controversial kind of process claim � a business method patent, in this case, a process for conducting arbitration. A split panel in In re Nuijten considered whether an electromagnetic signal qualified as patentable. The Supreme Court may yet consider a case like Comiskey or Nuijten.

By Lewis R. Clayton / Special to The National Law Journal

8 minute read

May 05, 2003 | National Law Journal

Few things can be more annoying for a corporate client than cybergriping. The first appellate court decision to address cybergriping has come out of the 6th Circuit.

By Lewis R. Clayton

11 minute read

July 10, 2013 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent decisions, including three U.S. Supreme Court patent decisions, two of which illustrate the concerns of a majority of the court that patent rights not be used to stifle innovation or competition.

By Lewis R. Clayton

12 minute read

November 01, 2006 | National Law Journal

Congress passed the Federal Trademark Dilution Act of 1995 (FTDA), creating for the first time a federal cause of action for dilution. Dilution prohibits the use of a famous mark in ways that lessen its distinctiveness, even if no consumer confusion results-Buick furniture or Kodak pianos.

By Lewis R. Clayton

9 minute read

May 21, 2012 | National Law Journal

Court in 'Rosetta Stone' relied on studies showing that even savvy Web users are confused by Google's sponsored links.

By Lewis R. Clayton

8 minute read

September 26, 2005 | National Law Journal

Determining jurisdiction by focusing on whether or not the extraterritorial conduct of foreign nationals would have a �substantial effect� on U.S. commerce, McBee is an explicit effort to harmonize the extraterritorial reach of U.S. trademark law with modern antitrust jurisprudence.

By Lewis R. Clayton

8 minute read

March 08, 2007 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that intellectual property is a creature of national law. Rights in trademarks, copyrights and patents typically stop at national boundaries, sometimes changing shape or duration - or disappearing altogether - on different sides of the border.

By Lewis R. Clayton

12 minute read

December 22, 2003 | National Law Journal

Nearly 150 years ago, the U.S. Supreme Court decided the landmark patent case of Winans v. Denmead, 56 U.S. (15 How.) 330 (1854). Plaintiff Ross Winans held a patent on a revolutionary railroad car with a conical body that could carry three times the weight of coal that could be carried by a conventional car. The defendants' cars, although using similar principles of construction, were octagonal, while the plaintiff's were cylindrical. Nevertheless, the court held, 5-4, that the patent had been infringed: E

By Lewis R. Clayton

9 minute read

May 14, 2007 | National Law Journal

Can a U.S. Supreme Court decision be described as a watershed event only a few days after it is issued? Patent lawyers are debating that proposition in the case of KSR Int'l Co. v. Teleflex Inc.

By Lewis R. Clayton

9 minute read

November 14, 2012 | New York Law Journal

In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews recent decisions involving whether Marilyn Monroe's right of publicity survived her death and the duration of that right in a case over an ad incorporating Albert Einstein's image, whether a single color can function as a trademark, and the evidentiary standard needed for application of the controversial "entire market rule."

By Lewis R. Clayton

12 minute read