Mondaq USA: Intellectual Property
Jones Day
In a recent Initial Determination ("ID"), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The WIPO website has training materials that include a PCT video series on how to file your international application.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark S-LON for "yarns and threads for use in making beaded jewelry...
Marshall, Gerstein & Borun LLP
Serial IPR petitions directed to previously-challenged patents account for many of the petitions filed with the PTAB; however, 35 U.S.C. § 325(d) provides the Board with discretion to reject petitions...
Seyfarth Shaw LLP
It was a busy year for patent litigation across the broad, including the U.S. Patent and Trademark Office Patent Trial and Appeals Board (PTAB) ...
Stites & Harbison PLLC
Under the PTO's pilot program, third parties are invited to notify the PTO through a designated email address of any improper specimens submitted by an applicant.
Wolf, Greenfield & Sacks, P.C.
In this consolidated cancellation proceeding involving registrations for the marks MONSTER SEAL A FLAT, MONSTER UP, and UNLEASH THE BEAST for "tire sealing compound ...
RPX Corporation
DIFF Scale Operation Research, LLC recorded the November 2017 assignment of over 20 patents acquired from CommScope on the same day that it asserted different subsets of those patents against seven defendants in a new litigation campaign.
Foley & Lardner
The memorandum was issued by Deputy Commissioner for Patent Examination Policy, Robert W. Bahr, and discusses three aspects of USPTO written description guidance.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Federal Circuit permitted a damages expert to use the entire market value of an accused lawn mower—the sales price of the mower—as a base for calculating royalties ...
Cooley LLP
The Goldman decision, if not reversed on appeal by the US Court of Appeals for the Second Circuit, has alarming implications for online users.
Fenwick & West LLP
In reading post-Mayo/Alice decisions, some seem more comfortable than others.
Wolf, Greenfield & Sacks, P.C.
The Board affirmed the USPTO's refusal to register the term MECHANICALLY FLOOR-MALTED, in standard characters, finding it to be generic for "malt for brewing and distilling" in International Class 31 ...
Duane Morris LLP
The Cuozzo decision presented Wi-Fi One with the opportunity to persuade the Federal Circuit that time-bar determinations should fall into a category open to judicial review.
Jones Day
Whether a process step in product claims is afforded patentable weight has been an issue gaining more attention recently. The Federal Circuit weighs in on the topic in In re Nordt Dev. Co., LLC...
Jones Day
The PTAB rules state that "[t]he petition and supporting evidence must be served on the patent owner at the correspondence address of record for the subject patent." 37 C.F.R. § 42.105(a).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
An employer lacked standing to sue for patent infringement because the employment agreement with the inventor simply provided an obligation to assign in the future ...
Dickinson Wright PLLC
The Defend Trade Secrets Act (DTSA) was a breath of fresh air for many companies that rely on trade secrets as part of their business model.
Foley & Lardner
In 2017, the Supreme Court rejected the Federal Circuit's longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
When a patent owner attempts to resolve an IPR validity challenge at the patent office by disclaiming or cancelling some of its patent claims either before or after institution of IPR proceedings, the patent office ...
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Ruchelman PLLC
Change driven by development of intellectual property ("I.P.") is now a constant. Whether the I.P. user is a tax adviser accessing a digital library, an auto mechanic interfacing with an engine...
Duane Morris LLP
The Patent Trial and Appeal Board has agreed to review the validity of a smart utility meter patent owned by Smart Meter Technologies, Inc. ("SMT").
Morgan Lewis
Amgen paints a different picture as to the bad actor during the parties' negotiations pursuant to the Biologics Price Competition and Innovation Act.
Duane Morris LLP
Chinese wind turbine manufacturer Sinovel Wind Group Co. Ltd. was convicted last month of stealing software from AMSC Inc., a U.S.-based company formerly known as American Superconductor Inc.
Duane Morris LLP
If proven, inequitable conduct renders a patent unenforceable.
Jones Day
One PRO petitioned a federal district court, asking the court to declare that its consent decree does not require full-work licensing.
Jones Day
In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions.
Wolf, Greenfield & Sacks, P.C.
There is much speculation about whether it is still possible to patent software. Indeed, when it comes to software-implemented inventions, decision makers ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Medicines Company ("MedCo") appealed findings of no infringement made by the United District Court for the District of Delaware.
Klein Moynihan Turco LLP
The National Collegiate Athletic Association (the "NCAA") recently boxed out sweepstakes app provider Kizzang LLC ("Kizzang")...
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