Faruki Blog

Shellshock: The Turtles' Successful State Law Copyright Claim Against Sirius

A recent decision in *Flo & Eddie, Inc. v. Sirius XM Radio* (the opinion can be found here), in which the court denied Defendant summary judgment, is.. Read More

Patently "Wrong": The U.S. Supreme Court Ends Federal Circuit's Overuse of "De Novo" Standard When Reviewing Trial Courts' Patent Claim Construction Rulings

"The Federal Circuit was wrong," wrote Justice Breyer in a majority opinion in which the United States Supreme Court's dissatisfaction with the.. Read More

An Octane Boost for Attorneys Fees Awards in Patent Cases

The "exceptional" patent case just became more common. On April 29, in Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare.. Read More

Marvel Team-Up? How Spider-Man Could Help the Supreme Court Defeat the Case That Wouldn't Die

If the Supreme Court decides to grant certiorari in Kimble v. Marvel Enterprises, 727 F.3d 856 (9th Cir. 2013), to get rid of the.. Read More

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

DUMB Starbucks Was a Dumb Parody

"DUMB Starbucks" made national news as a viral sensation that the owner claimed was a legitimate, blatant copy of the distinctive and famous.. 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
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