Mondaq USA: Intellectual Property
Seyfarth Shaw LLP
The test for patentable subject matter under Section 101 lies at the heart of patent system. However, very little guidance is provided in the actual statutory language.
J A Kemp
Claiming small entity status on a US application or patent provides a reduction in official fees. Most fees (e.g. basic filing fee, examination fee, search fee, etc.) are reduced by 50%, so the saving is significant.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark I.W. SUISSE for "Clocks and watches; Parts for watches; Watch bands and straps; all of which are of Swiss origin as defined by the Swiss Ordinance governing
Foley & Lardner
Many patent practitioners assume that non-practicing entities cannot obtain permanent injunctions in patent cases.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In the United States, patent owners can seek several different types of remedies when considering a patent infringement litigation.
Oblon, McClelland, Maier & Neustadt, L.L.P
In Rite-Hite v. Kelley Co., 56 F.3d 1538 (Fed. Cir. 1995) the Federal Circuit refused to award damages for the goods which were regularly sold as part of a package including patented goods.
Carlton Fields
Duty to defend principles are generally well-settled in most jurisdictions: If the allegations in an underlying complaint potentially fall within the scope of coverage ...
Oblon, McClelland, Maier & Neustadt, L.L.P
On October 3, 2018, Juul Labs, Inc. of San Francisco, California ("JLI") filed a complaint (part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.
Oblon, McClelland, Maier & Neustadt, L.L.P
On October 9, 2018, in Roche Molecular Systems, Inc. v. Cepheid, the Federal Circuit upheld a district court decision that claims reciting nucleotide primers in U.S. Patent No. 5,643,723...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
With the recent explosion of the craft beer industry, competition is fiercer than ever. In 2017, there were nearly 1,000 new brewery openings nationwide.
Ropes & Gray LLP
A Patent Owner may only avail itself of an IPR estoppel defense in court upon demonstrating that a competent prior art search would have uncovered the art that is asserted post-IPR (i.e., raised or reasonably could have raised during the IPR. 35 U.S.C. § 315(e)(2)).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Starting in 1997, NAI filed a series of patent applications.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Natural Alternatives International, Inc. v. Iancu., No. 2017-1962 (Fed. Cir. Oct. 1, 2018), the CAFC affirmed the PTAB's priority determination invalidating Natural Alternative's patent directed to a human dietary supplement that increases the anaerobic working capacity of muscle and other tissues.
Orrick
Expert witnesses play a critical role in patent litigation, particularly where the subject matter is highly technical. The more specialized the technology, the more common it is for an expert witness
Orrick
On August 7, 2018, the Eleventh Circuit affirmed summary judgment in favor of defendant in Yellowfin Yachts v. Barker Boatworks, LLC. Sending the rival high-end boatmakers back to shore...
Brooks Kushman
On October 11, 2018, the U.S. Patent and Trademark Office ("the Office") published final rules changing the patent claim construction standard used by the Patent Trial and Appeal Board ("PTAB") ...
McLane Middleton, Professional Association
A: It is widely assumed that when someone is hired to create a work product, intellectual property rights will be owned by the hiring party.
Seyfarth Shaw LLP
When negotiations for acquisition and licensing fell through between Swarmify and Cloudflare in 2017, Swarmify brought several claims against Cloudflare, including state and federal claims for misappropriation of trade secrets.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark OXZGEN for "[n]on-metal dosing caps for bottles; non-metal dispensing caps for containers," on the ground that applicant's specimens of use ...
Mayer Brown
Having passed both the US House and Senate, the Music Modernization Act ("MMA") is about to be signed into law—a signing ceremony is scheduled for today.
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Pryor Cashman LLP
Following her September 2017 appearance on CNBC's "Nightly Business Report," Partner Dyan Finguerra-DuCharme returned to the program for a segment exploring ways to identify and avoid scams involving intellectual property.
Jones Day
One PRO petitioned a federal district court, asking the court to declare that its consent decree does not require full-work licensing.
BakerHostetler
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018.
Wolf, Greenfield & Sacks, P.C.
The Board affirmed a refusal to register SHAPE XXXX for educational publications and services on the ground that the term is a phantom mark that comprises more than one mark.
Stites & Harbison PLLC
A familiar adage teaches that one catches more flies with honey than with vinegar. Without in any way implying that infringers are flies, we can apply this lesson to the trademark context.
Smith Gambrell & Russell LLP
The biggest recent development involving ICANN results from the general data protection regulation known as GDPR and the regulation which became fully effective on May 25, 2018
Hamilton Brook Smith & Reynolds PC
The Supreme Court in WesternGeco LLC v. Ion Geophysical Corp. held that patent owners can include lost foreign profits in their recovery of lost profits for United States patent infringement in the case before it.
Ward and Smith, P.A.
As you read this article, hundreds of startups and other organizations are working on blockchain applications ...
Pryor Cashman LLP
On September 18, 2018, the U.S. Senate unanimously passed the Music Modernization Act, an important piece of legislation aimed at updating music copyright laws for the digital era.
Mayer Brown
The UK government has published a series of four technical notices on intellectual property in the event of the UK leaving the EU on 29 March 2019 without an agreement (a ‘no deal Brexit').
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