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.

Adobe sued defendant for selling online unauthorized copies of versions of photoshop.  Adobe generally had a slam dunk case for infringement, and–apparently before discovery was closed, or at least before it had produced any relevant copies of its software licenses–it moved for summary judgment of copyright infringement.  In response, the defendant asserted the first sale…

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