The history and subsequent demise of vacatur upon settlement by Federal Circuit

Article Abstract:

The seeds for the Court of Appeal for the Federal Circuit's use of vacatur as a means of declaring moot the decisions of lower courts began with the 1987 SMS Data case. The court found justification for such action in the Supreme Court's overly broad Munsingwear decision and the Second Circuit's decision to vacate in Nestle. The Supreme Court's decision in Bancorp should end the practice of vacatur by the Federal Circuit.

Cases, History, Intellectual property, Appellate procedure, Appeals (Law), United States. Court of Appeals for the Federal Circuit, Judicial opinions, Vacatur

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Intellectual property strategies for protecting the looks of a new product

Article Abstract:

Ways of drafting design patents to protect the look and feel of new products are discussed, as sole reliance on utility patents is never a good idea. Strategies for obtaining good design patent coverage and thus for obtaining a three-dimensioned trademark on the product are also discussed.

United States, Interpretation and construction, Patent licenses, Patent licensing

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