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Searching Content from United States indexed under Intellectual Property ordered by Published Date Descending.
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1
TTAB Rejects Shape Of Printed Label As A Phantom Mark
The Board affirmed a refusal to register, on the Supplemental Register, the product configuration mark shown below, for "printed paper labels; paper identification tags; printed paper labels; adhesive labels"...
United States
18 Aug 2017
2
Third Circuit Rules "McCarthy Test" Determines Ownership Of Unregistered Trademarks
The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the "McCarthy test," rather than the "first use test," should be used to decide ownership.
United States
 
18 Aug 2017
3
Best Of Both Worlds: Can You Have A Trade Secret And Patent It Later Too?
In 1886, Dr. John Pemberton created the formula for Coca-Cola.
United States
18 Aug 2017
4
CAFC Affirms TTAB: In Context, FIRST TUESDAY Merely Descriptive Of Lottery Services
North Carolina's specimens of use included explanatory text such as "[n]ew scratch-offs the first Tuesday of every month.
United States
18 Aug 2017
5
Failure To Satisfy Enablement Requirement Results In Priority Award To Junior Party
The US Court of Appeals for the Federal Circuit affirmed a PTAB decision, rendered in the context of a patent interference contest, resolving priority of invention to a hepatitis C treatment ...
United States
18 Aug 2017
6
Skky Found The Limit For "Means" Terms
The US Court of Appeals for the Federal Circuit agreed that the Patent Trial and Appeal Board (PTAB) did not err in its conclusions that a claim element reciting "means" did not invoke § 112 ¶ 6...
United States
18 Aug 2017
7
No Specific Personal Jurisdiction Arises From Activities Before Patent Issued
Addressing the issue of personal jurisdiction over an alleged infringement defendant, the US Court of Appeals for the Federal Circuit affirmed the district court's dismissal of the complaint...
United States
18 Aug 2017
8
Update: Court Finds Transformative Nature Of Alleged Infringing Work Can't Be Decided By Side-By-Side Comparison
Adding an Instagram border and a few "gobbledygook" notations to an original photograph is not transformative as a matter of law.
United States
18 Aug 2017
9
PTO Attorneys' Fees Are Fixed Costs And Thus Recoverable Expenses
Addressing the issue of whether the US PTO is entitled to recover attorneys' fees in connection with the defense of a § 145 appeal, the US Court of Appeals for the Federal Circuit answered in the affirmative...
United States
18 Aug 2017
10
Patentee's Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells
The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee's willful ignorance of prior art and commencement...
United States
18 Aug 2017
11
Key SCOTUS Decisions In Tech – First Half 2017
Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings...
United States
17 Aug 2017
12
BPCIA Questions Continue To Arise For Biosimilar Applicants
Intellectual Property partner Gregory B. Sephton, special counsel Christine Willgoos and associate John P. Dillon's article "BPCIA Questions Continue To Arise For Biosimilar Applicants"...
United States
17 Aug 2017
13
CAFC Affirms TTAB: Limitation Of Goods To Those Associated With "will.i.am" Found Meaningless
The Board correctly concluded that the "will.i.am" restriction "does not impose a meaningful limitation in this case for purposes of likelihood of confusion
United States
17 Aug 2017
14
How To Address Wipers In Trade Secret Cases
As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Bobby R. Williams, Jr., a senior consultant at iDiscovery Solutions.
United States
17 Aug 2017
15
The Not-So-Secret Recipe: How Restaurants Can Protect Their Trade Secrets
Restaurant fortunes are often attributable to just one or two signature dishes, and recipe ownership dilemmas can arise in restaurants of all sizes.
United States
17 Aug 2017
16
Snow Shares Must-Knows For Filing Provisional Patent Apps
Both established companies and startups are increasingly utilizing provisional patents as part of their IP strategies, recognizing the unique benefits they offer.
United States
17 Aug 2017
17
Patent Owner Must Be Subject To Personal Jurisdiction For Declaratory Judgment
The Federal Circuit agreed and concluded that the district court's refusal to allow New World a second chance at the pleading was not an abuse of discretion.
United States
17 Aug 2017
18
AIA Does Not Override 28 USC § 1447(d) Reviewability Bar
Preston filed a complaint against Nagel in state court alleging several state-law claims.
United States
17 Aug 2017
19
PTAB Can Adopt Petitioners' Arguments Wholesale
Patent owners should fully respond to petitioners' motivation to combine arguments, pointing out any factual deficiencies and challenging the petitioner's explanations.
United States
17 Aug 2017
20
Patent Owner Must Receive Notice Of References Against Each Challenged Claim
In 2014, Volkswagen petitioned for IPR of certain claims of EmeraChem's patent related to methods for regenerating a catalyst after extended exposure to pollutants in the combustion gases of engines.
United States
17 Aug 2017
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