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By Brian Murphy, Richard Kurz, Jonathan Herstoff
On November 27, 2017, the Supreme Court heard oral argument in SAS Institute Inc. v. Matal, No. 16-969. At issue is whether in inter partes reviews ("IPRs") ...
By Brian Murphy, Richard Kurz, Jonathan Herstoff
On November 27, 2017, the Supreme Court heard oral argument in Oil States Energy Services v. Greene's Energy Group, No. 16-712. At issue is whether inter partes reviews ("IPRs") are unconstitutional ...
By Sandra Kuzmich, Rebecca Hilgar, Laura Sarkis
Over the past few months the venue landscape for patent infringement litigations has changed drastically.
By Richard Kurz, Mark Basanta
On October 4, 2017, the Federal Circuit issued its en banc decision in Aqua Products, Inc., v. Matal, holding that the patent owner does not have the burden to prove the patentability of any substitute claim...
By Ben Natter, Jessica L. Sblendorio
Most commentators would likely conclude that tattoos are eligible for copyright protection under the Copyright Act.
By Amanda Hamilton
Amanda Hamilton recently had her article "What Can the FTC Do about Orphan Drug Prices?" published in the Antitrust Health Care Chronicle for August 2017.
By Ben Natter, Joseph Saphia, Alexander Callo
There are five bases for filing an application for a registration of a trademark in the U.S.: (1) use of a mark in commerce under Section 1(a) of the Lanham Act;
By Robert Colletti, Jessica L. Sblendorio
On June 12, 2017, the United States Supreme Court granted a petition for a writ of certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC. 639 Fed. App'x 639 (Fed. Cir 2016)...
By Ben Natter, Alexander Callo
An always popular route for brand owners applying for U.S. trademark protection is filing based upon a bona fide intention to use a mark in commerce.
By Ben Natter, Jessica L. Sblendorio
Ben Natter and Jessica Sblendorio recently had their article regarding the United States Patent and Trademark Office's ("USPTO") response to Matal v. Tam published on IPwatchdog.com.
By Alexander Callo, Richard Kurz
In an August 10, 2017 opinion, AIA America, Inc. v. Avid Radiopharmaceuticals, a Federal Circuit panel held that 35 U.S.C. § 285 does not establish a right to a jury trial when attorney's fees are requested.
By Alexander Callo
In a precedential opinion published on August 10, 2017, the Federal Circuit upheld a TTAB decision that denied registration of the "FIRST TUESDAY" mark due to its merely descriptive nature...
By Richard Kurz, Jessica L. Sblendorio
The order dismissed one of the patent-in-suit's owners—the Regents of the University of Minnesota—but denied the motion to dismiss as to the patent's co-owner Toyota Motor Corp.
By Richard Parke, Ben Natter, Jessica L. Sblendorio
This article analyzes a trend in the entertainment field where a party wishing to use another's intellectual property in a creative work will do so without first seeking a license or express consent...
By Richard Kurz, Alexander Callo
In a July 17, 2017, precedential opinion, Millennium Pharmaceuticals, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit reversed and remanded an invalidity decision by the Delaware District Court.