In 2009, the Court of Appeals for the Federal Circuit changed the landscape for trademark parties involved in claims of fraud on the PTO. With the issuance of its decision in the case In re Bose, the Court neatly upped the ante for plaintiffs to show “knowledge” and “willful intent.”...

Courts, commentators and practitioners have for too long viewed intellectual property law as a discrete discipline, without putting it into the proper theoretical context of general jurisprudence. Intellectual property law cannot and must not exist on its own, outside the normative framework of...

The Declaratory Judgment Act of 1934 was quickly tagged by the U.S. Supreme Court as a simple procedural measure. Whether simple or procedural, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law,...

Copyright law has a clearly-established doctrine of "fair use." While its parameters and applications are frequently debated, the existence of the doctrine is statutory and undisputed. Patent and copyright law are closely related and they freely borrow from each other, yet this important area of...

Copyright law has a clearly-established doctrine of "fair use." While its parameters and applications are frequently debated, the existence of the doctrine is statutory and undisputed. Patent and copyright law are closely related and they freely borrow from each other, yet this important area of...