Mondaq USA: Intellectual Property
Holland & Knight
The patent venue statute, 28 U.S.C. 1400(b) (the statute), states that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides...
Jones Day
We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations...
Pryor Cashman LLP
On May 22, 2017, the U.S. Supreme Court issued a decision limiting the venues in which patent owners may bring infringement actions.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
While many patent examiners prefer Markush claims, which recite lists of alternatively useable species, to be formatted as "selected from the group consisting of A, B, and C," ...
Orrick
How can you protect your trade secrets from a vast and well-concealed international effort to steal those secrets?
Vedder, Price P.C.
This interpretation permitted patent owners to sue domestic corporations for patent infringement in practically any jurisdiction in which the defendant sold products or offered services.
Womble Carlyle
Does your company's website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided...
Foley & Lardner
This should drastically reduce the number of patent litigation matters in perceived plaintiff-friendly venues like the Eastern District of Texas.
Harness, Dickey & Pierce, P.L.C.
The Federal Circuit held that in enacting the AIA, "Congress did not change the meaning of the on-sale bar or disturb settled law."
Dehns
The American Intellectual Property Lawyers Association (AIPLA) has just released a proposal to change the law on what kinds of inventions may be patented.
Sedgwick LLP
On May 22, the U.S. Supreme Court determined that a domestic corporation "resides" only in its State of incorporation for purposes of the patent venue statute, 28 U.S.C. § 1400(b).
Reed Smith
On May 22, the U.S. Supreme Court granted SAS Institute's Petition for Cert seeking review of the Board's practice of instituting review of some challenged claims but not others.
Knobbe Martens Olson & Bear
The PTAB expunged non-compliant motions for observations on cross-examination in Xilinx, Inc. v. Papst Licensing GMBH & Co., KG, IPR2016-00104, Paper 22 & IPR2016-00105, Paper 22 (P.T.A.B. May 3, 2017).
Oblon, McClelland, Maier & Neustadt, L.L.P
On May 4, 2017, the U.S. International Trade Commission issued a notice of Final Determination on violation of Section 337 in Certain Network Devices, Related Software, and Components Thereof (II)...
Proskauer Rose LLP
In a landmark decision, the Supreme Court unanimously overturned the Federal Circuit's VE Holding opinion, which had permitted patent defendants to be sued in any forum in which they were subject to personal jurisdiction.
Pryor Cashman LLP
Since Trump counselor Kellyanne Conway uttered the now infamous phrase, "alternative facts," scores of people looking to capitalize on the popularity of the term...
Oblon, McClelland, Maier & Neustadt, L.L.P
In today's en banc argument (audio here) the Federal Circuit considered the whether it should overrule Achates Reference Publishing, Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015) ...
Jackson Walker LLP
Defending against a patent infringement lawsuit can be an expensive and frustrating experience. Patent litigation is complex and often requires attorneys who are not only well-versed in the intricacies of patent law but ...
Akin Gump Strauss Hauer & Feld LLP
Supreme Court holds, for purposes of the patent venue statute, that a domestic-corporation defendant "resides" only in its state of incorporation, thereby abrogating the Federal Circuit's broader...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The portion of a termination payment attributable to a transfer of all substantial rights in a patent may be treated as long-term capital gain and taxed at more favorable rates than ordinary income.
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Reed Smith
A recent federal appeals court decision may lead online platforms that post user-generated content filtered by moderators to think twice before posting copyrighted material.
Marks & Clerk
Donald Trump has enjoyed plenty of success as a businessman, developing a family brand that stretches to hospitality, luxury goods and real estate.
Reed Smith
The state of Georgia and the Code Revision Commission achieved a victory when a federal court granted their motion for summary judgment, holding that Georgia's OCGA was protected by...
Jones Day
In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool.
Wolf, Greenfield & Sacks, P.C.
As your company grows and expands, it is critical to evaluate your intellectual property strategy, because what may have worked during the early stages may need to change.
Jackson Walker LLP
Defending against a patent infringement lawsuit can be an expensive and frustrating experience. Patent litigation is complex and often requires attorneys who are not only well-versed in the intricacies of patent law but ...
Ropes & Gray LLP
The pending Supreme Court case of Impression Products v. Lexmark International could affect what companies and consumers do with products they buy, based on the doctrine of patent exhaustion.
McDermott Will & Emery
Addressing the de minimis requirement of copyright infringement and the ownership of a software program's output, the US Court of Appeals for the Ninth Circuit determined that downloading...
McDermott Will & Emery
The US Court of Appeals for the Eighth Circuit affirmed the district court's decision that a university licensing authority violated the First Amendment when refusing to approve use of the university's trademarks on t-shirts incorporating a marijuana leaf design.
Arnold & Porter Kaye Scholer LLP
The Uniform Domain Name Dispute Resolution Policy frequently provides a welcome remedy for those trademark owners who fall victim to cybersquatters.
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