Mondaq USA: Intellectual Property
Foley & Lardner
Practitioners with an international patent practice generally view the U.S. written description requirement as more liberal than similar requirements in other jurisdictions, especially the European Patent Office.
Jones Day
When the Supreme Court issued its decision in SAS Institute regarding partial IPR institution
Wolf, Greenfield & Sacks, P.C.
The Board reversed a refusal to register the mark CARAT (Stylized) for aircraft connectivity services that enable transmission of data to and from aircraft.
Wilson Elser Moskowitz Edelman & Dicker LLP
On July 17, 2018, in a barely four-line Mandate, the U.S. Court of Appeals for the Second Circuit denied a Petition for leave to appeal an interlocutory order by the Southern District of New York's...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
NDAs must be accompanied by certain patent information, which the FDA then lists in its Approved Drug Products with Therapeutic Equivalence Evaluations publication.
Proskauer Rose LLP
The Court's decision reversed a Federal Circuit ruling that the patent holder could not receive lost profits stemming from overseas activity.
Stites & Harbison PLLC
I have fond memoriesą of drowning my pancakes in all the flavored syrups on the table rack at IHOP. But, on June 4, the International House of Pancakes announced that though it had been IHOP for 60 years...
Oblon, McClelland, Maier & Neustadt, L.L.P
The USPTO recently identified several decisions as informative. While not binding, an informative decision provides guidance for patent applicants, examiners and the PTAB.
Ropes & Gray LLP
While the summer months are relatively quiet when it comes to marquee CLE events and bar organization gatherings, the Patent Trial & Appeal Board (PTAB) is providing a rare opportunity for stakeholders in late July.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The possibility of estoppel is an important consideration for a defendant in a patent infringement action in deciding whether or not to file an inter partes review petition. Indeed...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Before the American Invents Act, the U.S. had a "first-to-invent" patent system. That system included provisions for resolving disputes concerning who was the first to invent ...
Wolf, Greenfield & Sacks, P.C.
John L. Welch's article titled "Federal Circuit: TTAB applied wrong test in finding Coca-Cola's ZERO mark not generic for soft drinks" was published by World Trademark Review
Fenwick & West LLP
The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts, public sculpture, caps with artsy graphics, advertising posters ...
Fenwick & West LLP
California trademark attorneys have been waiting five years to get clarification on the requirements for injunctive relief and hoped that a new case between adidas and Skechers ...
Fenwick & West LLP
In Kaneka Corporation v. Zhejiang Medicine, the U.S. District Court for the Central District of California held that expert testimony alone was sufficient to avoid summary judgment...
Withers LLP
On Friday, July 6, 2018, the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") confirmed that the 1977 California Resale Royalties Act (the "California Act") ...
Ropes & Gray LLP
The second decision outlines requirements for taking foreign depositions.
Borden Ladner Gervais LLP
Patents are often at the heart of high-stakes litigation. While there is some debate as to what began the smartphone patent wars, Nokia suing Apple ...
Jones Day
The America Invents Act ("AIA") provides that a "[a] person may not file a petition for [covered business method review] unless the person or the person's real party in interest or privy ...
Jones Day
On July 10, 2018, the PTAB announced the designation the following five decisions as informative:
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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.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions ...
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 state of biosimilars in the US has never been hotter; 2017 was the most active year to date for biosimilar drug manufacturers since the Biologics Price Competition and Innovation Act ...
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...
Jones Day
Damages for utility and design patent infringement are generally governed by 35 U.S.C. § 284, which entitles prevailing patentees to compensatory damages that range from reasonable royalties...
Marshall, Gerstein & Borun LLP
The Federal Circuit's recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018) tasked the PTAB with reconciling the Supreme Court's SAS Institute decision ...
Wolf, Greenfield & Sacks, P.C.
In the latest issue of The Trademark Reporter, Professor J. Thomas McCarthy discusses the CAFC's ruling in the INSIGNIA case, Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, ...
Ropes & Gray LLP
In this podcast, intellectual property litigation partner Leslie Spencer and associate Marta Belcher address such topics as:
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