Mondaq USA: Intellectual Property
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.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Exmark Manufacturing Co. v. Briggs & Stratton Power Products Group, No. 2016-2197 (Fed. Cir. Jan. 12, 2018), the Federal Circuit vacated the district court's grant of summary judgment that Exmark's asserted patent was neither obvious nor anticipated.
Ropes & Gray LLP
The Federal Circuit's softening of the appeal bar (35 U.S.C. § 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an institution decision, and in some cases...
Brooks Kushman
On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States...
Jones Day
With institution rates of IPR petitions continuing to slide, and with district courts determining (depending on narrow or broad readings of the Shaw case) how estoppel may or may not apply in district court...
Wolf, Greenfield & Sacks, P.C.
In a rare Section 43(c) dilution decision, the Board sustained Chanel's opposition to registration of the mark shown below left, for accounting services...
Womble Bond Dickinson
During examination of claims in a patent application, claim rejections from the USPTO (United States Patent and Trademark Office) under 35 USC §102 and/or 35 USC §103 ...
Foley Hoag LLP
On January 8, 2018, the en banc Federal Circuit, in Wi-Fi One, LLC v. Broadcom Corp., held that a PTAB decision upon institution as to whether a petition for inter partes review is timely ...
Pryor Cashman LLP
In late December 2017, just days ahead of Spotify USA's initial public offering, Wixen Music Publishing filed a $1.6 billion lawsuit for copyright infringement against the streaming service giant
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Court disagreed on all three.
Proskauer Rose LLP
In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs.
Jones Day
On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative:
Smith Gambrell & Russell LLP
The applicant's mark was for "beer" while the registrant's marks were for "Beer, ale, lager, stout and porter; Malt liquor; Pale beer".
BakerHostetler
BakerHostetler has created a web-based tool, which summarizes cases addressing copyright protection for computer software.
Foley & Lardner
A new USPTO fee schedule took effect on January 16, 2018, which usually means that all fees must be paid at the new (higher) rate.
Wolf, Greenfield & Sacks, P.C.
In the first precedential decision of the new year, the Board reversed the USPTO's refusal to register the mark shown below, for various mailing services...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit, en banc, held that the Patent Trial and Appeal Board (PTAB)'s time-bar determination under § 315(b)...
Bowditch
Who says trademark disputes can't be fun? Well, plenty of people, but that's beside the point. Anheuser Busch InBev recently showed that a serious legal message can be delivered in a humorous form.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Prosecution Pointer 112.
Wolf, Greenfield & Sacks, P.C.
The PTAB's decision illustrates that while skepticism by some may be helpful to patent owners, skepticism by the right people may be critical.
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Morgan Lewis
Amgen paints a different picture as to the bad actor during the parties' negotiations pursuant to the Biologics Price Competition and Innovation Act.
Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, discusses potential impacts of pending Supreme Court PTAB cases...
Ropes & Gray LLP
Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights.
Foley Hoag LLP
Happy Holidays from the Trademark and Copyright Law Blog and the Foley Hoag Trademark, Copyright & Unfair Competition Group.
BakerHostetler
2017 was a big year for raising the profile of copyright in protecting computer programs. Two cases in particular helped bring attention to a myth that was addressed and dispelled some time ago ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Succeeding in obtaining a ruling in an inter partes review petition at the Patent Trial and Appeal Board that issued patent claims are unpatentable, may not be enough to modify ...
Jones Day
The term "artificial intelligence" was coined more than 60 years ago and since has been the subject of countless science fiction books and movies.
Carlson, Caspers, Vandenburgh, Lindquist & Schuman, P.A.
Recently, the Federal Circuit reversed a jury decision upholding the validity of two Amgen patents directed to a large genus of antibodies that reduce LDL cholesterol.
Thompson Coburn LLP
You may think there is one simple hard-and-fast rule of copyright law: You cannot transfer a copyright without a written instrument signed by the copyright owner. It's right there in section 204 of the Copyright Act.
Pryor Cashman LLP
On December 29, 2017, independent music publisher Wixen Music Publishing, Inc. brought an action for copyright infringement against streaming service giant, Spotify.
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