Mondaq USA: Intellectual Property
K&L Gates
The EU General Court upheld a decision by the EUIPO Board of Appeal in the case of Anta (China) vs. EUIPO, in accordance with which a graphic mark consisting of two lines forming an acute angle, ...
K&L Gates
The publication of the new regulation is the result of a legal reform of trademarks in the EU.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., a district court ruling...
Morrison & Foerster LLP
Based on this holding, domestic corporations now face patent infringement lawsuits only in their states of incorporation or in judicial districts where they have a regular and established place of business
On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB)...
Miles & Stockbridge
On July 3, 2017, revised Guidelines for Examination of Computer Related Inventions (CRIs) were released.
Jones Day
The ITC recently continued its trend of giving little deference to parallel PTAB IPR proceedings.
Jones Day
On July 20, SAS Institute, Inc., represented by Jones Day, filed its opening brief in the Supreme Court.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Through July 1, 2017, the Federal Circuit decided 224 PTAB appeals from IPRs and CBMs.
Wolf, Greenfield & Sacks, P.C.
The Board granted Merchant & Gould's petition for cancellation of a registration for the mark MG-IP, finding the mark likely to cause confusion petitioner's previously-used mark M&G, both for legal services.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Genband US v. Metaswitch Networks, No 2017-1148 (Fed. Cir. July 10, 2017), the Federal Circuit clarified that a patentee only need show "some connection" between the patent and sales of infringing products...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Supreme Court recently held that the authorized sale of a patented product exhausts all U.S. patent rights for that product, regardless of any post-sale restrictions and regardless of whether the product is sold in a foreign country.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The U.S. Court of Appeals for the Federal Circuit recently held that an arbitration clause in an agreement did not apply to claims made in an infringement lawsuit, where the agreement...
Proskauer Rose LLP
Judge Saylor of the United States District Court for the District of Massachusetts recently narrowed the counterclaims and affirmative defenses available to a defendant in a consumer products dispute.
Foley & Lardner
The patent at issue was Millennium's U.S. Patent No. 6,713,446, which is listed in the Orange Book for Velcade®, which is used to treat multiple myeloma and mantle cell lymphoma.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In a patent infringement suit, a Texas court excluded the opinions of a damages expert on certain comparable licenses for failing to compare the technology of the past licenses to the technology in the lawsuit...
Ropes & Gray LLP
The panelists provide lessons learned and perspectives of different stakeholders in the due diligence process.
Fenwick & West LLP
The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer's profits in Stone Creek v. Omnia Italian Design...
Foley & Lardner
I've written previously about sequential PTAB challenges to the same patent, but the dispute between Coherus Biosciences Inc. and AbbVie Biotechnology Ltd. has engendered six Inter Partes Review...
Wolf, Greenfield & Sacks, P.C.
Okay, this sounds rather straightforward doesn't it? The services are identical: retail furniture stores. Therefore a lesser degree of similarity between the marks is needed to support a finding of likely confusion.
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Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 16-712, to consider "[w]hether inter partes review
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
On May 30, 2017, Judge William H. Pauley III, in the Southern District of New York, ruled that rapper-singer-songwriter Drake was permitted to use a sample of jazz artist Jimmy Smith based...
Foley & Lardner
The Supreme Court gave the Federal Circuit options as to how and whether to address these issues on remand.
Lewis Brisbois Bisgaard & Smith LLP
On June 19, 2017, the United States Supreme Court invalidated a provision of the Lanham Act, 15 U.S.C. § 1052(a), which had prohibited the registration of trademarks "which may disparage..."
Hyman, Phelps, & McNamara, P.C.
It's been a couple of months since the dust has settled from FDA's October 26, 2016 approval of Mylan Pharmaceuticals Inc.'s ANDA 078276 for a generic version of Daiichi Sankyo Inc.'s BENICAR Tablets...
Milbank, Tweed, Hadley & McCloy LLP
The constitutionality of AIA patent inter partes review (IPR) proceedings will be examined by the Supreme Court. On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Services...
Proskauer Rose LLP
Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department.
The McLane Law Firm
Picture this: you are ready to launch your new business, you've picked a name/mark that you feel represents the soul of your company...
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