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Searching Content indexed under Intellectual Property by Jones Day ordered by Published Date Descending.
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1
Show Me the Money: Protecting Your Cryptocurrency Brand
With the explosive growth of the cryptocurrency market, companies operating in this industry must consider how best to protect their intellectual property rights
United States
19 Sep 2019
2
Design Patents At PTAB – Substantially The Same Vs Basically The Same
The PTAB's recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work.
United States
18 Sep 2019
3
Patenting Digital Health Innovations Incorporating AI In View Of USPTO's Recent Subject Matter Eligibility Guidance
Patent procurement activity is increasing to protect embedded artificial intelligence ("AI") technologies in a variety of digital healthcare solutions.
United States
16 Sep 2019
4
ITC Rejects Sofa Design Patent Infringement On Prosecution History Estoppel Grounds
While design patents follow many of the same rules as utility patents, the application of those rules in determining design patent infringement can be less than straightforward.
United States
16 Sep 2019
5
Patent Owner In Standard-Essential Patent Pool Has Standing To Appeal
Samsung Electronics Co., Ltd. ("Samsung") petitioned for inter partes review ("IPR") of U.S. Patent No. 8,917,772 ("the ‘772 Patent"), which is owned by Infobridge
United States
16 Sep 2019
6
Should § 101 Legislation Include An Extension Or Revamp Of The CBM Program?
The unabashed intent of the proposed legislation is to expand what is patentable under § 101, and a draft bill would expressly abrogate any case that has interprete
United States
16 Sep 2019
7
PTAB Abused Discretion In Denying Request To File Motion For Additional Discovery
In a recent appeal of two inter partes review ("IPR") decisions from the Patent Trial and Appeal Board ("Board"), The Court of Appeals for the Federal Circuit
United States
16 Sep 2019
8
PTAB Designates Three Decisions On Discretion To Institute Review
The PTAB recently designated two decisions as precedential and one decision as informative on discretion to institute review.
United States
16 Sep 2019
9
August Boardside Chat Recap Regarding Trial Practice Guide Update
On August 8, 2019, the Patent Trial Appeal Board held a Boardside Chat webinar to discuss the July 2019 changes to the AIA Trial Practice G
United States
16 Sep 2019
10
PTAB Determines Parallel ITC Record Did Not Create Tactical Advantage
In a recent decision, the PTAB decided to institute inter partes review ("IPR") of U.S. Patent No. 7,937,394 B2 despite Patent Owner's claims that Petitioner engaged in gamesmanship and
United States
16 Sep 2019
11
Reexamination Stayed Pending IPR
Reexamination can be stayed pending IPR proceedings for good cause shown. The PTAB recently found good cause for a stay had been established when the reexamination proceedings and IPR proceedings
United States
16 Sep 2019
12
Federal Court Relies On PTAB Findings In Denying Section 101 Summary Judgment Motion
Despite the prohibition on patenting "abstract ideas" and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an inventive concept.
United States
12 Sep 2019
13
ABPA v. Ford: Design Patent Defenses Run Out Of Gas On Appeal
A U.S. Court of Appeals for the Federal Circuit decision strengthens U.S. design patent protection for replacement parts.
United States
12 Sep 2019
14
ITC's Trademark Decisions May Have Preclusive Effect, After All
The Federal Circuit recently vacated part of its decision from three months ago, which held that "the Commission's trademark decisions, like its patent decisions, do not have preclusive
United States
12 Sep 2019
15
Jones Day's PTAB Litigation Blog – The Story And Rationale (Video)
Jones Day's PTAB Litigation Blog launched August 19, 2015. 428 posts later, it has become one of the most widely recognized and read PTAB practice blogs in existence.
United States
12 Sep 2019
16
Strategic Decision To Forgo Expert Does Not Allow A "Second Bite"
The PTAB recently denied petitioner's request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board's
United States
12 Sep 2019
17
Decision To Deny Institution Not Reviewable Despite Prior PTAB Trial
In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB's decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs
United States
12 Sep 2019
18
IPR Time Bar Triggered Even If Party Serving Complaint Lacks Standing
The PTAB Precedential Opinion Panel ("POP") has concluded that the one-year time bar for filing an IPR petition under 35 U.S.C. § 315(b) is triggered by the service of a complaint.
United States
12 Sep 2019
19
325(d) And Printed Publication Issues Doom Petition
The most persuasive IPR petitions offer fresh unpatentability theories never considered before.
United States
12 Sep 2019
20
The U.S. Supreme Court Rules That Rejection Of A Trademark License Agreement In Bankruptcy Does Not Strip The Licensee Of Its Right To Use The Trademark
In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement.
United States
11 Sep 2019
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