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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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By Jill MacAlpine, Barbara Rudolph, Linda A. Wadler
On May 22, 2017, the Supreme Court issued its decision in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, U.S., No. 16-341, 5/22/17 (slip op.).
By Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On May 16, 2017, the Ninth Circuit affirmed Google Inc.'s summary judgment win in a lawsuit that sought to cancel the GOOGLE mark on the ground it has become generic.
By Elizabeth Ferrill
Design patent examination has been subject to many recent changes at the USPTO, including changes in the application backlog and foreign filing.
By Daniel Klodowski, Elliot Cook, David Seastrunk
The Patent Trial and Appeal Board issued 41 Final Written Decisions in May. It was a relatively patentee-friendly month, with the Board cancelling 269 (48.04%) of the instituted claims while declining to cancel 287 (51.25%) of the instituted claims.
By Yoonhee Kim
Section 145 allows a patent applicant to appeal a patentability decision from the Patent Trial and Appeals Board to a district court rather than directly to the Federal Circuit.
By Li Feng, Carla Mouta
With four other issues before the court, including whether a new trial is required on written description and enablement, the court need not reach this issue to decide the case.
By Eric Fues, Maximilienne Giannelli PhD, Jon T. Self
Trade secrets can provide great economic value in certain technological and business realms, making effective measures for preventing theft critically important.
By David Seastrunk, Daniel Klodowski, Elliot Cook
Through June 1, 2017, the Federal Circuit decided 210 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 155 (73.81%) cases, and reversed or...
By Katherine Banks
The European Patent Office (EPO) has a notoriously strict approach when considering amendments to patent applications.
By Rachael Dippold Ph.D.
Last year, President Obama announced the National Cancer Moonshot, an initiative with the goal of making ten years' worth of advances in cancer research and treatment over the following five years.
By Robert Kramer
Many startups these days are being advised to "go global quickly." Whether this means relocating, opening offices in startup hubs or overseas, or simply appealing to foreign customers, it takes money...
By Razi Safi
The Federal Circuit in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 16-2006 held that it lacked jurisdiction under 28 U.S.C. §§ 1295(a)(1) and 1292(c)(2) to hear an appeal from a district court's...
By Tyler Latcham (Summer Associate)
Section 101 remains a hot topic, specifically as the Federal Circuit finds more claims directed toward computer technology patent-eligible subject matter.
By Victor Feng (Summer Associate)
In Preston v. Nagel, No. 16-1524 (Fed. Cir. Jun. 1, 2017), the Federal Circuit dismissed Plaintiffs' appeal of a district court's decision to remand a case involving patent counterclaims to state court...
By Kevin Rodkey
In Impression Products v. Lexmark International, No. 15-1189 (S. Ct. May 30, 2017), the Supreme Court reversed the Federal Circuit's en banc decision that patent owners may enforce post-sale restrictions...
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