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By Ben Natter, Jessica L. Sblendorio
Ben Natter and Jessica Sblendorio recently had their article regarding the United States Patent and Trademark Office's ("USPTO") response to Matal v. Tam published on
By Alexander Callo, Richard Kurz
In an August 10, 2017 opinion, AIA America, Inc. v. Avid Radiopharmaceuticals, a Federal Circuit panel held that 35 U.S.C. § 285 does not establish a right to a jury trial when attorney's fees are requested.
By Alexander Callo
In a precedential opinion published on August 10, 2017, the Federal Circuit upheld a TTAB decision that denied registration of the "FIRST TUESDAY" mark due to its merely descriptive nature...
By Richard Kurz, Jessica L. Sblendorio
The order dismissed one of the patent-in-suit's owners—the Regents of the University of Minnesota—but denied the motion to dismiss as to the patent's co-owner Toyota Motor Corp.
By Richard Parke, Ben Natter, Jessica L. Sblendorio
This article analyzes a trend in the entertainment field where a party wishing to use another's intellectual property in a creative work will do so without first seeking a license or express consent...
By Richard Kurz, Alexander Callo
In a July 17, 2017, precedential opinion, Millennium Pharmaceuticals, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit reversed and remanded an invalidity decision by the Delaware District Court.
By Joseph Saphia, Ben Natter
The Supreme Court on June 19, 2017 unanimously ruled that the United States Patent and Trademark Office's (USPTO) denial of a service mark application for the term "The Slants" on the basis...
By Richard Kurz, Alexander Callo
On June 12, 2017, the U.S. Court of Appeals for the Federal Circuit reversed a finding of indefiniteness that invalidated two patents claiming wireless audio systems in One-E-Way, Inc. v. ITC.
By Richard Kurz, Jessica L. Sblendorio
On June 12, 2017, in a unanimous decision, the Supreme Court of the United States decided Sandoz Inc. v. Amgen Inc., which concerned certain disclosure and notice requirements imposed by the of BPCIA 2009...
By Andrew Wasson, Daniel Worley
The Supreme Court yesterday issued its first opinion interpreting the BPCIA, the statute which created a pathway for the approval of abbreviated applications to market biological products.
By John Dougherty, Jessica L. Sblendorio, Keelan Diana
An arbitral tribunal typically possesses broad powers to set the procedures within an arbitration, including the appointment and management of its own expert to assist the tribunal with technical subjects...
By Jonathan Herstoff, John Balaes
On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc.,
By Jonathan Herstoff, Bryan Braunel
In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court limited venue in patent suits against domestic corporations to: (1) the corporation's state of incorporation or....
By Richard Kurz, Jessica L. Sblendorio
On May 23, 2017, in NeoChord, Inc. v. University of Maryland, Baltimore and Harpoon Medical, Inc., the Patent Trial and Appeal Board ("PTAB") granted the University's motion to dismiss...
By David Shotlander
For many companies that compete in competitive markets, innovation and product improvement fuels competitive success: create a better product than your competitors, and over time, make it better.