Intellectual Property Outlook: Cases and Trends to Follow in 2019

Intellectual Property Outlook: Cases and Trends to Follow in 2019


By: Robert M. Masters, Jonathan R. DeFosse, Timothy P. Cremen, Brian C. Stuart, Kevin A. Ryan

Each year, Fried Frank looks forward and examines the cases and trends that are likely to have a significant impact on intellectual property law and practice. In 2019, the Supreme Court is set to address a number of important issues, including whether the Government has standing to challenge the validity of patents in proceedings before the Patent and Trademark Office, whether the First Amendment requires the Government to register “immoral” and “scandalous” trademarks, and whether a copyright owner must wait for the Copyright Office to approve or decline a registration application before the owner can file a suit for copyright infringement. In addition to these Supreme Court cases, the Federal Circuit is poised to determine when foreign damages are recoverable in patent infringement cases, which could substantially increase the damages available in U.S. litigation. In its Memorandum, Intellectual Property Outlook: Cases and Trends to Follow in 2019, the Fried Frank IP Litigation Team analyzes these pending cases, as well as other cases and proposed legislation that practitioners will want to monitor this year.

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