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By Dennis Prahl
The Internet is about to become a much bigger and more complex place for trademark owners.
By John Richards
In Bilski v. Kappos, the Court reiterated that abstract ideas are not patent eligible, gave little guidance as to what it meant by "abstract idea" other than that the Court was concerned about claims that were too broad and referred us to its prior decisions, especially Diamond v. Diehr for guidance.
By John Richards, Stacy Wu
The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the European Union and 22 of its 27 member states have joined Australia, Canada, Japan, Morocco, New Zealand, Singapore, South Korea and the United States as signatories of ACTA.
Patent Law reform legislation (in the form of the "America Invents Act") has at last passed both houses of the United States Congress. The Senate passed Bill S. 23 by a vote of 95-5 on March 8, 2011. The House of Representatives passed Bill HR 1249 by a vote of 304 - 117 on June 23, 2011.
The European Court of Justice (ECJ), Europe’s highest court, has upheld the decisions of the Grand Board of Appeal of the Office for Harmonization of the Internal Market (OHIM) and the European Union General Court cancelling the Community Trademark for the design of LEGO building blocks.
By Janet Cord
The duty to disclose information that is material to patentability is found in 37 C.F.R. 1.56. This duty requires that each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the U.S. Patent and Trade Mark Office (PTO) which includes the duty to disclose to the PTO all information known to that individual to be material to patentability.
By David Brezina
Recently the Court of Appeals of the Federal Circuit affirmed a decision involving a patent mismarking claim under 35 USC 292 which involved the lack of deceptive intent of the patent owner in Pequignot v. Solo Cup Co. ___ F3d ___ (Fed. Cir., 2010).
By John Richards
In its decision in American Needle Inc. v. National Football League on May 24, 2010, the United States Supreme Court unanimously held that an association formed by the member teams of the National Football League (NFL) to market their intellectual property rights collectively should be treated, for anti-trust law purposes, as a "combination" rather than a single entity.
By Allan Pilson, Matthew Asbell, Sebastian Lovera
Creating, registering and protecting trademark rights can be a costly undertaking, whether on behalf of a large corporation’s international portfolio or the single brand of a small business.
By John Richards
On January 7, 2010 in its decision in Wyeth and Elan Pharma International Limited v. Kappos, the Court of Appeals for the Federal Circuit held that the United States Patent and Trademark Office (USPTO) had in some cases been miscalculating the proper term of a patent whose term had been extended as a result of delays caused by the USPTO during prosecution of the application.
By John Richards
Awards of damages in cases where patent infringement is found may be dependent on whether the patent owner has marked goods sold under the patent with the number of the relevant patent or patents.
By Janet Cord
Much has been written on the subject of bad patents. While many people state that the number of bad patents issued by the U.S. Patent and Trademark Office (U.S. P.T.O.) is increasing, a bad patent may in effect be in the "eye of the beholder".
By Ralph Cathcart
In a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit overturned the infamous Medinol trademark procurement fraud standard previously adopted by the Trademark Trial and Appeal Board (TTAB").
By John Richards
Traditionally, Chinese society has been founded on the two Confucian precepts of deference to authority and use of conciliation to resolve disputes rather than on any system of "law" as known in the West.
By Matthew Asbell
The creation of username registration programs by Facebook and Twitter presents potential concerns for rights holders who wish to prevent third parties from adopting their trademarks as user names.