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Searching Content from United States indexed under Intellectual Property ordered by Published Date Descending.
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1
CAFC Reverses Long Standing PTAB Precedent On 1-Year Window
As I predicted it would back in May, the Federal Circuit has now reversed the long-standing practice of the Patent Trial & Appeal Board to accept certain IPR petitions outside of the 1-year window of 35 U.S.C. § 315(b).
United States
17 Aug 2018
2
Protecting Investments In People And IP While Avoiding Criminal Sanctions
"Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees....
United States
17 Aug 2018
3
PTAB Removes "Informative" Designation From Ex Parte Jung
In July, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board designated its ex parte Jung decision as informative (see here and here). In this decision, the Board held that the phrase
United States
17 Aug 2018
4
WYHA? LEGION OF GOOD WILL Confusable With GOODWILL For Charitable Services, Say TTAB
Sometimes not-so-good things happen to good people. The Board affirmed a refusal to register the mark LEGION OF GOOD WILL (in standard character form) for "Charitable services, namely, organizing
United States
17 Aug 2018
5
Inevitable Disclosure: Recognition (Or Lack Thereof) Under The Defend Trade Secrets Act
Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action, and federal litigation...
United States
17 Aug 2018
6
They Could Have Found It: Federal Circuit Reverses Board On Public Accessibility
In GoPro, Inc. v. Contour IP Holding LLC, No. 17-1894, 17-1936 (Fed. Cir. July 27, 2018), the Federal Circuit vacated the Board's determination that a product catalog ...
United States
17 Aug 2018
7
"Sheer" Rejection - Eleventh Circuit Rejects Yellowfin Yacht's Trade Secret Claim
On Aug. 7, 2018, the Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Barker Boatworks, LLC, rejecting Yellowfin Yacht's Florida Uniform Trade Secret Act (FUTSA) claim
United States
17 Aug 2018
8
"Cover Up What You Don't Want To See": Advantek Marketing v. Shanghai Walk-Long Tools (Fed. Cir., Aug. 1, 2018)
Advantek obtained U.S. Design Patent No. D715,006 ("D '006") on a "gazebo" without a cover
United States
17 Aug 2018
9
Boston University V. Everlight: Claim Invalid For Lack Of Enablement Because 17% Was "Physically Impossible"
Last week, the Federal Circuit issued its opinion in Boston University (BU) v. Everlight, in which the court found that the only asserted claim (claim 19) ...
United States
17 Aug 2018
10
Applicant's Renunciation Of Underlying International Registration Results In Judgment For Opposer
WHB Licensing, owner of the mark BRAUM'S for restaurant services and various food items, opposed a Section 66(a) application to register the mark BRAM'S, in design form, for restaurant services and various food items.
United States
16 Aug 2018
11
The Week In Weed: August 10, 2018
Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
United States
16 Aug 2018
12
Relevant Public, Not General Public, When Determining Availability Of Printed Publication
On July 27, 2018, the Federal Circuit reversed the PTAB's finding that Petitioner GoPro, Inc. failed to establish the public availability of an alleged prior art printed publication.
United States
16 Aug 2018
13
Massachusetts Act Dramatically Changes The Business Landscape
Massachusetts just passed an economic development bill that will significantly impact Massachusetts businesses. The three most important changes relate to noncompetes...
United States
16 Aug 2018
14
Honey Badger Don't Care, But The Lanham Act Might
For the first time since it began balancing the competing interests of trademark plaintiffs and creators of expressive works ...
United States
16 Aug 2018
15
Fear No Fees: No Payment Of PTO Attorneys' Fees For District Court Patent Review
On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018), holding that a patent applicant...
United States
16 Aug 2018
16
Massachusetts To Adopt The Uniform Trade Secrets Act
With H. 4732 (and amendment H. 4868) sitting on Massachusetts Governor Charlie Baker's desk, Massachusetts is finally on the verge of adopting the Uniform Trade Secrets Act ("UTSA").
United States
16 Aug 2018
17
Expenses Under 35 U.S.C. § 145 Does Not Include Attorneys' Fees
In Nantkwest, Inc. v. Iancu, No. 2016-1794 (Fed. Cir. July 27, 2018), the Federal Circuit, sitting en banc (excl. Chen, C.J.), affirmed the district court's decision ...
United States
16 Aug 2018
18
Two Skyline Photo Cases, Two Different Results
Two cases involving photographs of city skylines illustrate what is, and isn't, copyright infringement.
United States
16 Aug 2018
19
Fiat Chrysler Automobiles Aims To Stop Sales Of "Jeep-Like" Vehicle In US
The ‘Willys MB' truck (also known as a "Jeep") is a well-known vehicle manufactured by Fiat Chrysler Automobiles (FCA), first manufactured in 1941.
United States
16 Aug 2018
20
Express Mobile Hits Nearly Two Dozen Defendants in California and Delaware
Express Mobile, Inc. has filed a slew of new cases in its patent litigation campaign, which has been targeting web authoring tools since April 2015.
United States
16 Aug 2018
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