Faruki Blog

Don Burton

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Patent Law: the Federal Circuit Addresses How Thin You Can Slice the Evidence of "Printed Publication"

In a recent decision arising from an Inter Partes Review ("IPR") challenge to an issued patent, Weber, Inc. v. Provisur Techs., 2024 U.S. App. LEXIS.. Read More

The Supreme Court and Copyright Damages: Will Accrual Be Kind?

The Supreme Court is scheduled to hear oral argument in Warner Chappell Music, Inc. v. Nealy on February 21, the issue being whether the three-year.. Read More

Deposit Battle: The Deposit Requirement for Publishers Under Copyright Law Is Ruled (Somewhat) Unconstitutional

"Vestigial structure" is defined as "a structure in an organism that has lost all or most of its original function in the course of evolution, such.. Read More

Jack Daniel's and the "Bad Spaniels" Dog Toy: The Supreme Court Leaves Trademark Litigants Something to Chew On

In Jack Daniel's Properties, Inc. v. VIP Products, LLC, No. 22-148, 599 U.S. ___ (2023), the Supreme Court unanimously ruled that a First Amendment.. Read More

A Recent Ohio Decision Highlights the Need for Prompt Reporting to an Insurer Under a "Claims Made and Reported" Policy

Shower the insurers you have with notice, as James Taylor may or may not have sung in the 1970s. Notify the insurers of a claim sooner rather than.. Read More

Did the Supreme Court Transform Its Transformative Use Test In Warhol?

In Andy Warhol Foundation For the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. _____, slip op. (May 18, 2023), the Supreme Court seemingly.. Read More

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
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