Fried Frank Intellectual Property Litigation Year in Review

By: Scott W. Doyle, Robert M. Masters, Jonathan R. DeFosse, Timothy Cremen

Over the first ten months of 2017, we have seen a number of significant court decisions in the field of intellectual property law. The United States Supreme Court issued decisions addressing venue requirements for patent infringement cases, a U.S. manufacturer's liability for exporting components later incorporated into an infringing product, the ability of companies to copyright design features of useful articles, the First Amendment right to register disparaging trademarks, and the appropriate measure of damages for design patents. The law on patent eligibility under 35 U.S.C. § 101 also continued to evolve, with numerous Federal Circuit decisions applying the Supreme Court's 2014 decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014). In addition, the U.K. High Court of Justice issued a noteworthy decision interpreting the obligation to license standard essential patents on fair, reasonable, and non-discriminatory (FRAND) terms. In this article, we review the most significant decisions in 2017 that have impacted intellectual property law and practice.

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