Faruki Blog

Fighting for Market Share: Why Past Battles Over IP Matter Even When Your Patent Ceases To

The single-serve coffee industry is brewing up a set of interesting legal issues relating to the interplay of patent and antitrust law. Thanks in no.. Read More

Can Keurig Copycats Compete for Christmas Cash?

While waiting my turn in line at a Starbucks in Southern California recently, I was eyeing the holiday-oriented merchandise that the coffee shop had.. Read More

The Federal Circuit's Recent Changes to the Law on Induced Patent Infringement Borrow, Once Again, from Criminal Law

A criminal defendant cannot avoid criminal liability by arranging for others to complete a crime on his behalf, so why should a civil defendant be.. Read More

Sciele Pharma: Making Old Art More Valuable in Patent Cases

In Sciele Pharma Inc. v. Andrx Corp., the Federal Circuit added some needed clarity to the concept of the "presumption of validity" in patent law,.. Read More

Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More

Can Congress Grant Copyright Protection to Works Already in the Public Domain? – Supreme Court to Decide Golan v. Holder

On October 5, 2011, the U.S. Supreme Court heard arguments in Golan v. Holder, No. 10-545. At issue is the constitutionality of Congress'.. Read More

Congress Passes America Invents Act: U.S. Patent Law Switches to a "First-to-File" System

On September 8, the U.S. Senate followed the House in passing the "America Invents Act," which the President is expected to sign it into law on.. Read More

Litigating Invalidity Defenses after Microsoft v. i4I---

In Microsoft Corp. v. i4I Limited Partnership, the Supreme Court re-affirmed the principle that the defense of invalidity of a patent must be proven.. Read More
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