Mondaq USA: Intellectual Property
Ropes & Gray LLP
As I predicted it would back in May, the Federal Circuit has now reversed the long-standing practice of the Patent Trial & Appeal Board to accept certain IPR petitions outside of the 1-year window of 35 U.S.C. § 315(b).
Morrison & Foerster LLP
"Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees....
Oblon, McClelland, Maier & Neustadt, L.L.P
In July, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board designated its ex parte Jung decision as informative (see here and here). In this decision, the Board held that the phrase
Wolf, Greenfield & Sacks, P.C.
Sometimes not-so-good things happen to good people. The Board affirmed a refusal to register the mark LEGION OF GOOD WILL (in standard character form) for "Charitable services, namely, organizing
Holland & Knight
Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action, and federal litigation...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In GoPro, Inc. v. Contour IP Holding LLC, No. 17-1894, 17-1936 (Fed. Cir. July 27, 2018), the Federal Circuit vacated the Board's determination that a product catalog ...
Holland & Knight
On Aug. 7, 2018, the Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Barker Boatworks, LLC, rejecting Yellowfin Yacht's Florida Uniform Trade Secret Act (FUTSA) claim
Oblon, McClelland, Maier & Neustadt, L.L.P
Advantek obtained U.S. Design Patent No. D715,006 ("D '006") on a "gazebo" without a cover
Wolf, Greenfield & Sacks, P.C.
WHB Licensing, owner of the mark BRAUM'S for restaurant services and various food items, opposed a Section 66(a) application to register the mark BRAM'S, in design form, for restaurant services and various food items.
Jones Day
On July 27, 2018, the Federal Circuit reversed the PTAB's finding that Petitioner GoPro, Inc. failed to establish the public availability of an alleged prior art printed publication.
Jones Day
Massachusetts just passed an economic development bill that will significantly impact Massachusetts businesses. The three most important changes relate to noncompetes...
Fenwick & West LLP
For the first time since it began balancing the competing interests of trademark plaintiffs and creators of expressive works ...
Jones Day
On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018), holding that a patent applicant...
Foley Hoag LLP
With H. 4732 (and amendment H. 4868) sitting on Massachusetts Governor Charlie Baker's desk, Massachusetts is finally on the verge of adopting the Uniform Trade Secrets Act ("UTSA").
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Nantkwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. July 27, 2018), the Federal Circuit, sitting en banc (excl. Chen, C.J.), affirmed the district court's decision ...
Thompson Coburn LLP
Two cases involving photographs of city skylines illustrate what is, and isn't, copyright infringement.
The ‘Willys MB' truck (also known as a "Jeep") is a well-known vehicle manufactured by Fiat Chrysler Automobiles (FCA), first manufactured in 1941.
RPX Corporation
Express Mobile, Inc. has filed a slew of new cases in its patent litigation campaign, which has been targeting web authoring tools since April 2015.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Financial Manager is the USPTO's online fee payment management system. With Financial Manager
Holland & Knight
The Federal Circuit recently held that a plaintiff seeking disgorgement of defendant's profits as a remedy for trade secret misappropriation has no right to a jury decision on the amount to be awarded;
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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.
Jones Day
Last week, the United States Patent and Trademark Office (USPTO) hosted the annual meeting of the heads of the world's five largest intellectual property offices
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The U.S. Court of Appeals for the Federal Circuit determined that a Brazilian corporation that installed infringing conveyor systems on a U.S.-flagged ship could be sued for patent infringement...
Lewis Roca Rothgerber Christie LLP
Blockchain technology, some might argue, is the most important technological innovation since the Internet.
Morrison & Foerster LLP
Progress is being made regarding the protection of intellectual property ("IP") rights in a post-BREXIT scenario on both sides of the English Channel.
Jones Day
The ITC recently modified a previously issued remedial order such that certain of the Respondents' redesigned products were not covered by the limited exclusion order (LEO) or the cease and desist order (CDO).
Parker Poe
The U.S. Supreme Court ruled late last week in a case with important implications for international exports and patent law.
Duane Morris LLP
This week marks one year since GE filed a patent lawsuit against its main rival in the U.S. wind turbine industry, the Danish company Vestas A/S.
Foley & Lardner
Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves.
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