Previously, Apple had won $399 million as damages related to Samsung’s infringement of Apple’s design patents.  Samsung appealed.  Additional damages in a design patent infringement case are governed by 35 U.S.C. Sec. 289, which allows a patent holder to recover the total profit an infringer makes from the infringement.  However, key to this determination is…

In light of In re Tam (the “Slants” case), the USPTO has published examination guidelines for use while the constitutionality of 15 USC Section 1052(a)’s scandalousness provision remains in question.

In reviewing a district court’s grant of summary judgment in favor of a defendant on the basis of patent ineligible subject matter, the Federal Circuit has affirmed. The method at issue involved steps of a borrower applying for a loan, a third party calculating a credit grading, lenders providing loan pricing, and then the borrower…

Tyrone Simmons (aka Young Caliber) sued, inter alia, producer William C. Stanberry Jr. (aka Apex) and rapper Curtis Jackson (aka 50 Cent) for using a beat that Simmons claims to have exclusively licensed from Apex in February 2006.  The beat was allegedly used in the production of Fitty’s “I Get Money” in 2007. Simmons filed…

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