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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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By Jonathan Uffelman, Margaret Esquenet, Naresh Kilaru
In a non-precedential opinion, the TTAB recently affirmed the Examining Attorney's refusal to register Midwestern Pet Foods, Inc.'s EARTHBORN REBORN mark, for "pet food," for failing to provide an acceptable specimen.
By Timothy McAnulty, Jeffrey Totten, Nathan I. North
In the United States, patent owners can seek several different types of remedies when considering a patent infringement litigation.
By Jeffrey Smyth, Morgan Smith
With the recent explosion of the craft beer industry, competition is fiercer than ever. In 2017, there were nearly 1,000 new brewery openings nationwide.
By Adriana Burgy
Starting in 1997, NAI filed a series of patent applications.
By Ryan McDonnell
In Natural Alternatives International, Inc. v. Iancu., No. 2017-1962 (Fed. Cir. Oct. 1, 2018), the CAFC affirmed the PTAB's priority determination invalidating Natural Alternative's patent directed to a human dietary supplement that increases the anaerobic working capacity of muscle and other tissues.
By Thomas Irving, Stacy Lewis
Assuming novelty, the USPTO, PTAB, or a court must establish that the claimed invention would have been obvious over the prior art.
By John Paul, Brian Kacedon, Cecilia Sanabria, Sonja Sahlsten
To interpret an ambiguous term in a license agreement that was subject to several reasonable interpretations, a Delaware court relied on a clarifying provision and read the agreement as a whole.
By John Paul, Brian Kacedon, Robert MacKichan III
An Illinois court found that an agreement licensing "existing patents" did not extend a license to divisional patents filed after the agreement was signed
By John Paul, Brian Kacedon, Cecilia Sanabria
A design patent owner who settled a litigation for trade dress infringement was not estopped from bringing a second litigation for design patent infringement.
By Daniel Klodowski, David Seastrunk, Michael R Galgano, Aaron Parker, Elliot C. Cook
The Patent Trial and Appeal Board issued 39 IPR and CBM Final Written Decisions in August, including decisions following remands from the Federal Circuit
By Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The USPTO extended the After-Final Consideration Pilot 2.0 (AFCP 2.0) to September 30, 2019.
By Elliot C. Cook, Jeffrey Berkowitz
Sophisticated companies know that patents are indispensable in the modern economy
By Matthew Luneack, M. Andrew Holtman
In University of California v. Broad Institute, Inc., No. 2017-1907 (Fed. Cir. Sept. 10, 2018), the CAFC affirmed the PTAB's holding that there was no interference-in-fact between a pending University
By Ryan McDonnell, Sydney Kestle
In Natural Alternatives International, Inc. v. Iancu, Natural Alternatives challenged the Board's priority determination that amending the benefit claim of a parent application to delete reference to earlier applications affected the priority date of the child application.
By Benjamin T. Hemmelgarn, M. Andrew Holtman
On September 28, 2018, FDA issued draft guidance on contents of a complete submission for threshold analyses and human factors (HF) ...
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