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Foley & Lardner
In Illumina, Inc. v. Ariosa Diagnostics, Inc., a divided panel of the Federal Circuit found claims directed to methods of preparing DNA samples for analysis satisfy the patent eligibility requirement
Pearl Cohen Zedek Latzer Baratz
The U.S. Supreme Court has ruled that individual state governments cannot be sued for copyright infringement
Lewis Brisbois Bisgaard & Smith LLP
One of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case.
Seyfarth Shaw LLP
Recognizing the disruptions caused by COVID-19, the United States Patent and Trademark Office ("USPTO") is providing fee waivers for certain applicants that cannot meet filing deadlines ...
Jones Day
On March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in Arthrex. Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115.
Seyfarth Shaw LLP
In the world of trade secret and restrictive covenant litigation, time is often of the essence. Clients need to take immediate steps to prevent the harm that flows from the misappropriation of confidential information.
Frankfurt Kurnit Klein & Selz
On Wednesday last week, Judge Seeger in the Northern District of Illinois issued an opinion chastising Art Ask Agency for repeatedly seeking an expedited hearing on its trademark and copyright TRO...
Bereskin & Parr LLP
In the United States, ever since the 2012 Supreme Court decision in Mayo v. Prometheus, many diagnostic method...
Buchanan Ingersoll & Rooney PC
The Court answered both questions in the negative, contrary to a decision rendered by the PTAB's Precedential Opinion Panel.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020) the Federal Circuit found that the text of 35 U.S.C. § 315(c) ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On Wednesday March 18, 2020, the Federal Circuit held that the first decision released by Director Iancu and the USPTO Precedential Opinion Panel ("POP")...
Ropes & Gray LLP
Recently, the Federal Circuit in Philips v. Google (here) explained that the Patent Trial & Appeal Board (PTAB) may only institute trial on grounds presented in a trial petition.
Wolf, Greenfield & Sacks, P.C.
Yet another product configuration "mark" failed to clear the Section 2(e)(5) hurdle, as the Board affirmed a refusal of the proposed mark shown below
Frankfurt Kurnit Klein & Selz
In 2004 - four Presidential election cycles ago - the website JibJab posted a wildly popular video in which animated versions of then-candidates...
Wolf, Greenfield & Sacks, P.C.
Prosecution history can be a minefield in patent cases, and IPR is no different. In the context of construing patent claims, much of the focus is often on whether the patent owner disclaimed ...
Stites & Harbison PLLC
Ahoy, Mateys! Earlier this week, in Allen v. Cooper the United States Supreme Court held that the Copyright Remedy Clarification Act of 1990, a federal statute stripping states of their sovereign immunity from ...
Buchanan Ingersoll & Rooney PC
The Patent Office recently launched a page for artificial intelligence information on its website.
Wolf, Greenfield & Sacks, P.C.
Entertainment Content, owner of registrations for the marks JUSTICE CENTRAL and JUSTICECENTRAL.TV, opposed Cooper Holdings' application for the mark JUSTICE NETWORK, claiming a likelihood of confusion under Section 2(d).
Wolf, Greenfield & Sacks, P.C.
With the recent appointments of Mark Lebow and Melanye K. Johnson, the Board's membership now stands at twenty-seven (27) Administrative Trademark Judges.
Lewis Brisbois Bisgaard & Smith LLP
The Federal Circuit recently found a litigant guilty of inequitable conduct in circumstances that should give pause to inventors who want to share their ideas for the purpose of experimentation
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