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Lewis R Clayton

Lewis R Clayton

March 09, 2016 | New York Law Journal

Patent Exhaustion, Vodka, Ranch Houses, Monkey Selfies

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

February 15, 2016 | National Law Journal

High Court Takes Up a 'Textbook' Case Over Fees

Suit involving Cornell student once again before the justices. This time, lawyers' pay is at issue.

By Lewis R. Clayton

5 minute read

January 13, 2016 | New York Law Journal

Federal Circuit Addresses Weighty Constitutional Issues

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

Federal Circuit Addresses Weighty Constitutional Issues

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

Laches in Patent Cases; DMCA Takedown Notices and Fair Use

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

Laches in Patent Cases; DMCA Takedown Notices and Fair Use

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 | National Law Journal

Google Pushes the Bounds of Fair Use — and Wins

Second Circuit is persuaded by new forms of research created through the company's book database.

By Lewis R. Clayton

5 minute read

November 15, 2015 | National Law Journal

Google Pushes the Bounds of Fair Use — and Wins

Second Circuit is persuaded by new forms of research created through the company's book database.

By Lewis R. Clayton

5 minute read

September 09, 2015 | New York Law Journal

Federal Circuit Develops Law From Supreme Court Patent Rulings

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

Federal Circuit Develops Law From Supreme Court Patent Rulings

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