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Searching Content indexed under Intellectual Property by McDermott Will & Emery ordered by Published Date Descending.
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1
Learning From Recent Trademark Cases
Recent cases offer lessons for brewers navigating the often-tricky obstacles surrounding the selection, use and enforcement of trademarks.
United States
27 Sep 2019
2
Texas Court Declares Licensing Offer Based On End Device Is Frand, Diverges From California Court In Qualcomm
Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling,
United States
18 Jun 2019
3
Federal Judge Finds Qualcomm Violated The FTC Act Through Monopolistic And Exclusionary Conduct
Yesterday, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act
United States
6 Jun 2019
4
Patenting Your Digital Health Tech: When, Why And How
The digital health market is expected to grow beyond $379 billion by 2024, with a 27.7 percent compounded annual growth rate over the coming years.
United States
10 May 2019
5
Federal Jury Finds That Ericsson's Licensing Offer To HTC Is FRAND
On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair ...
United States
5 Mar 2019
6
District Court: IPR Policy Does Not Automatically Require License Fees Based On Components
The US District Court for the Eastern District of Texas ruled that for the purposes of honoring a fair, reasonable and non-discriminatory (FRAND) commitment ...
United States
18 Feb 2019
7
THE LATEST: AAG Delrahim Withdraws Statement On Remedies For Standards-Essential Patents Subject To Voluntary FRAND Commitments, Elaborates Views On SSOs
In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ)
United States
28 Dec 2018
8
THINS – Not All They're Crackered Up To Be
On appeal from two oppositions, the US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) refusal to register marks for CORN THINS and RICE THINS for snack...
United States
4 Dec 2018
9
Eagle Mark Soars To Injunction Against Identical "Hawk" Logo
Addressing whether the district court correctly found a likelihood of confusion as a matter of law between two "identical" logos arranged around a stylized bird, the US Court of Appeals...
United States
4 Dec 2018
10
An All Star Trademark Opinion
Addressing core issues of trademark law, including evidentiary presumptions afforded to registered trademarks and considerations in determining whether trademarks have acquired secondary meaning,
United States
4 Dec 2018
11
Supreme Court To Address Whether Government Can Petition For AIA Post-Grant Review
The Supreme Court of the United States granted, in part, Return Mail's petition for certiorari to address whether the federal government has standing to challenge patents using post-grant...
United States
4 Dec 2018
12
Burden Is On Trustee To Show Insolvency At Time Of Transfer
The US Court of Appeals for the 11th Circuit affirmed the district court's dismissal of a fraudulent conveyance claim for a "blocking right"and right of first refusal under a patent transfer agreement
United States
4 Dec 2018
13
SEP Rights Holder Must License All Comers
A federal district court in California granted partial summary judgment for the Federal Trade Commission (FTC) and ordered a standard essential patent (SEP) holder ...
United States
4 Dec 2018
14
Formula For Abstract Ideas: Alice Applied To Spreadsheet Claims With Mixed Results
Addressing whether patent claims were directed to abstract ideas, the US Court of Appeals for the Federal Circuit found that a number of claims directed to organizing and presenting information ...
United States
4 Dec 2018
15
Another Diagnostic Test Found Ineligible Under § 101
Addressing patent eligibility under 35 USC § 101 for gene-related patents, the US Court of Appeals for the Federal Circuit affirmed the district court's grant of summary judgment of invalidity ...
United States
4 Dec 2018
16
Benefit Of Earlier Filing Date Or Gaining Patent Term? Patentee Can't Have Its Cake And Eat It Too
Affirming a Patent Trial and Appeal Board (PTAB) priority determination invalidating a patent, the US Court of Appeals for the Federal Circuit found that amending the priority claim ...
United States
4 Dec 2018
17
Post-Priority References Can Be Used In Context Of Obviousness Analysis
In two opinions by the same panel concerning the same three patents, the US Court of Appeals for the Federal Circuit relied in part on post-priority evidence ...
United States
4 Dec 2018
18
FTC Secures Partial Victory Requiring SEP Holder To License To All Comers In Antitrust Case
Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC)
United States
19 Nov 2018
19
The Gene Editing Is Out Of The Bottle: No Interference-In-Fact Between Claimed Inventions
The PTAB determined, and the Federal Circuit agreed, that both claimed inventions were separately patentable and did not interfere with each other.
United States
9 Nov 2018
20
Federal Circuit Clarifies Role Of Consumer Demand In Terms Of Entire Market Value
The US Court of Appeals for the Federal Circuit denied a patent holder's petition for rehearing en banc but issued a modified opinion finding that to invoke the entire market value rule...
United States
9 Nov 2018
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