Intellectual Property Resources
On this page you will find cases, decisions, and other resources pertaining to the current state of the law in Intellectual Property matters.
The United States Patent and Trademark Office (USPTO) is the agency of the US government that is responsible for the granting of US patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The USPTO registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3). The USPTO website has many resources available to the public.
Southern district of florida - exceptional patent case
In Shipping and Transit, LLC v. LensDiscounters.com, Case No. 16-80980 (S.D. Fla) the Magistrate Judge has recommended an award of attorney’s fees in favor of the Defendant and against the patent owner. The Court explained that because “the substantive strength of either parties’ litigating position was not fully meted out due to Plaintiff’s early filing of a covenant not to sue accompanied by a request for dismissal,” the Court would then base its decision “on the manner in which the case was litigated to make its determination.”.