Mondaq USA: Intellectual Property
Jones Day
The PTAB designated as precedential a January 2019 panel decision relating to the bar on instituting an IPR under 35 U.S.C. § 315(a)(1) when the petitioner previously ...
Sheppard Mullin Richter & Hampton
In two decisions recently designated as "precedential," the PTAB rejected two theories raised by petitioners for why the service of a complaint should not trigger Section 315(b)'s
Smith Gambrell & Russell LLP
In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration
Jones Day
The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Curver originally applied for a design patent directed to an overlapping "Y"-shaped pattern for "Furniture (part of-)."
Jones Day
The ITC recently denied a joint motion to terminate an investigation on the basis of settlement after the parties failed to meet the requisite conditions.
Jones Day
Nevertheless, fee awards under § 285 are not automatic.
Wolf, Greenfield & Sacks, P.C.
Finding that Petitioner Optimal Chemical had perpetrated a fraud on the Board through fabricated evidence and untruthful testimony,...
Oblon, McClelland, Maier & Neustadt, L.L.P
The doctrine of equivalents is an equitable exception to the basic concept that the patent claims define the limit of claim protection.
Wolf, Greenfield & Sacks, P.C.
ABA-IPL Section and the U.S. Patent and Trademark Office (USPTO) will host the 7th Annual ABA-IPL Trademark Day on Wednesday
Jones Day
Fraen also established that nearly all of the identified foreign sellers offer their products for sale through online commerce sites – a fact that serves to reinforce the necessity for a GEO.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Third Circuit—in a case of first impression—recently held that a full-body banana costume was copyrightable under the Supreme Court's decision...
Marshall, Gerstein & Borun LLP
Artificial Intelligence (AI) has become increasingly important to companies and institutions of all sizes and industries.
Wolf, Greenfield & Sacks, P.C.
The Board granted a petition for cancellation of a registration for the mark SCHIEDMAYER for "pianos, namely, upright pianos,...
Berman Fink Van Horn P.C.
A copyright infringement notice may be sent when the owner of a copyright believes you are infringing on his or her copyright work.
Pryor Cashman LLP
Associate Laure Sawaya will be a panelist at "Drawing The Line Between Trademark Use and Fair Use in the Context of Style and Product Names," a CLE event by the NYIPLA's Fashion Law Committee.
BakerHostetler
On August 29, 2019, the Director of the USPTO notified the Trademark Public Advisory Committee (TPAC) of the Office's intent to set or adjust trademark
Oblon, McClelland, Maier & Neustadt, L.L.P
The title above refers to a lyric from a 1998 song by Eve 6, although they used the word "cabinet" instead of "chair."
Ropes & Gray LLP
The sponsors of the promised bill to reform 35 U.S.C. § 101 are struggling to regain earlier momentum.
Foley & Lardner
One area of estoppel arising from an unsuccessful AIA petition that remains poorly understood relates to prior art that is described both in a printed publication
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Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Hausfeld
Endo's patent litigation against Impax continued, and the trial commenced June 3, 2010.
Morrison & Foerster LLP
The Supreme Court's recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC [1] clarifies that a debtor-licensor's rejection of a trademark license under § 365(a) ...
Frankfurt Kurnit Klein & Selz
This week, pop-star Ariana Grande (known for her hit songs like Thank U, Next and 7 Rings) brought suit in the Central District of California against retailer Forever 21
Oblon, McClelland, Maier & Neustadt, L.L.P
Design patents are very different from utility patents in that design patents only protect the ornamental features of an invention. In contrast to utility patents, the design is defined
Cooley LLP
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the DoJ and FTC ...
Marshall, Gerstein & Borun LLP
Artificial Intelligence (AI) has become increasingly important to companies and institutions of all sizes and industries.
Pearl Cohen Zedek Latzer Baratz
Randy Wolfe asserted a copyright infringement lawsuit in California federal court alleging that Led Zeppelin's 70s hit ‘Stairway to Heaven'
Holland & Knight
Plaintiff SEMICAPS filed suit in the Northern District of California, alleging infringement of U.S. Patent No. 7,623,982, which relates to the testing of electronic
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