Over the past several years, the United States Supreme Court has become increasingly involved in the area of intellectual property law.
During that time, the Court has issued significant decisions on, among other things, patent eligibility, indirect infringement, the definiteness requirement, enhanced damages and fee shifting. The renewed focus on intellectual property law appears poised to continue into 2017, with the Supreme Court scheduled to issue decisions addressing a variety of issues, including venue in patent cases, the functionality doctrine of copyright law, and the trademark law exception for disparaging marks. This article highlights cases to follow in the coming year that have the potential to significantly impact intellectual property law. We also provide an overview of pending legislation affecting intellectual property rights and the potential impact the incoming Trump administration will have on intellectual property law.
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