Lewis R Clayton

January 15, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review recent Lanham Act decisions addressing the evolving post-eBay standards for granting an injunction, the distinction between advertising and protected statements of scientific opinion and the interplay between copyright and false endorsement law where an advertisement includes unauthorized music.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

January 14, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review recent Lanham Act decisions addressing the evolving post-eBay standards for granting an injunction, the distinction between advertising and protected statements of scientific opinion and the interplay between copyright and false endorsement law where an advertisement includes unauthorized music.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

December 15, 2014 | National Law Journal

Two pending bills are popular among lawmakers due to concern about thefts by foreign countries.

By Lewis R. Clayton

5 minute read

November 12, 2014 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review recent cases involving the Supreme Court's test for patentable subject matter and how it has led to dismissal of infringement claims based on business method patents; when post-invention evidence can demonstrate an invention is not obvious; and whether the flavor of eggplant parmesan or its plating can acquire secondary meaning under trademark law.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

September 10, 2014 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton of Paul, Weiss, Rifkind, Wharton & Garrison writes: Antitrust is hostile to restraints of trade, while patent law creates them. The decision of a split appellate panel in 'Tyco Healthcare', which rejected certain antitrust claims while sustaining others, is the Federal Circuit's latest effort to balance these competing interests.

By Lewis R. Clayton

12 minute read

September 01, 2014 | National Law Journal

Parties pursuing a business-method patent, which has roots in the Morse telegraph, face uncertainty.

By Lewis R. Clayton

5 minute read

July 09, 2014 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton reviews recent U.S. Supreme Court opinions, three of which were unanimous decisions that limit the rights or remedies of patent holders; the most-talked-about action the Trademark Trial and Appeal Board has likely ever taken; and more.

By Lewis R. Clayton

12 minute read

May 14, 2014 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton reviews recent decisions of interest, including the U.S. Supreme Court's holdings that should be music to the ears of those who complain about abusive patent litigation, the latest chapter in the smartphone wars, and the denial of copyright protection to a singing telegram performer in a banana costume.

By Lewis R. Clayton

10 minute read

May 05, 2014 | National Law Journal

Broader standing to bring false-advertising claims complicates the question of proximate cause.

By Lewis R. Clayton

5 minute read

March 12, 2014 | New York Law Journal

In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews recent notable decisions, including the Federal Circuit's en banc holding on one of the most contentious issues in patent law.

By Lewis R. Clayton

12 minute read