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Don Burton

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Design Flaw? The Federal Circuit Keeps the Separate Test For Obviousness of Design Patents, For Now

In a recent decision, LKQ Corp. v. GM Global Tech. Operations LLC, No. 2021-2348, 2023 U.S. App. LEXIS 1412 (Fed. Cir. Jan. 20, 2023), the Federal.. Read More

One That Got Away: How a California Court Determined That a Bee is a Fish

The decision in Almond Alliance of California v. Fish and Game Commission, (2022) 79 Cal.App.5th 337, which held that, for purposes of California's.. Read More

The Pain In Verein: What a $32 Million Verdict Teaches About Litigating Legal Malpractice Claims

The April 28, 2022 Ohio appellate court opinion in RevoLaze LLC v. Dentons US LLP, 8th Dist. Cuyahoga No. 109742, 2022-Ohio-1392, which affirmed a.. Read More

It's Art, But Is It Transformative? The Supreme Court Decides to Address a Thorny Issue of Copyright Law in Warhol

On March 28, 2022, the Supreme Court agreed to review Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2nd Cir. 2021), in.. Read More

Published or Perish: The Federal Circuit Disallows "Admitted" Prior Art as a Basis for Inter Partes Review

Last month, in Qualcomm, Inc. v. Apple Inc., No. 2020-1558, 2029-1559, 2022 U.S. App. LEXIS 2836 (Fed. Cir. Feb. 1, 2022), the Federal Circuit.. Read More

Try Not to Think About a Polar Bear:  The Palin v. NYT Verdict

On Feb. 15, 2022, the defamation case brought by former Alaska Governor Sarah Palin against the New York Times concluded with a jury verdict for the.. Read More

No Penalty for Illegal Motion: The Current Status of Non-Competes and College Football Coaching Contracts

On November 28, 2021, in reaction to the news that Lincoln Riley, the head football coach for the University of Oklahoma, was leaving to become the.. Read More

Broken Hague? The Federal Circuit Endorses an End-Run Around the Hague Convention's Method of Serving a Complaint

Litigators who represent patent owners suing foreign companies, and who normally must navigate the exacting requirements and slow pace of service of.. Read More

Page v. DNC:  The Curious Case of the Stateless Citizen

The analysis in a recent decision, Page v. Democratic National Committee, 2 F.4th 630 (7th Cir. 2021), of an oddity of federal jurisdiction—the.. Read More

The Unfairness Doctrine: What Remains of Assignor Estoppel in Patent Cases After Minerva Surgical?

In Minerva Surgical v. Hologic, No. 21-440, slip op. (Fed. Cir. June 29, 2021), the Supreme Court affirmed the existence of the defense of "assignor.. Read More
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