Author Archives: Nazli Saka

Broad Covenant Not To Sue Does Away With Invalidity Counterclaims In Trademark Litigation

In Already LLC. v. Nike, Inc. the Supreme Court recently held that a broad covenant not to sue hinders defendant’s counterclaims of trademark invalidity. Therefore, by choosing to proffer a covenant not to sue, Nike eliminated any legal controversy between the parties such … Continue reading

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Are Human Genes Patentable? A Preview of Association for Molecular Pathology v. USPTO (“The Myriad Case”)

On April 15, 2013, the Supreme Court will hear the oral arguments for one of the most highly anticipated patent law cases of last year: Association for Molecular Pathology, Inc, et al. v. USPTO, et al. The one and only question before … Continue reading

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Statutory Damage Awards in High Profile Song-Sharing Cases

The individual defendants in two high profile peer to peer song sharing cases, Capitol v. Thomas-Rasset and Sony v. Tenenbaum, recently faced major defeats in challenges over high statutory damages awarded against them. This raises questions as to the roles of judges and … Continue reading

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The Curious Case of Design Patents

Design patents have not received much press until recently. However, the smartphone industry and fashion houses are increasingly turning to patent law to protect their designs. Recent disputes between Apple and Samsung as well as Lululemon and Calvin Klein illustrate … Continue reading

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