Mondaq USA: Intellectual Property
McDermott Will & Emery
Addressing the imposition of sanctions for spoliation in a US ITC case, the US Court of Appeals for the Federal Circuit upheld the ITC's imposition of default judgment sanctions...
McDermott Will & Emery
The US Court of Appeals for the Second Circuit agreed with the New York Court of Appeals that there is no New York State common law "right of public performance" for pre-1972 recordings...
McDermott Will & Emery
Addressing the de minimis requirement of copyright infringement and the ownership of a software program's output, the US Court of Appeals for the Ninth Circuit determined that downloading...
Tarter Krinsky & Drogan LLP
These companies are in no way affiliated with the official U.S. Patent and Trademark Office or any government agency.
Kilpatrick Townsend & Stockton LLP
Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use.
Barclay Damon LLP
After decades of uncertainty about the standard for the copyrightability of "useful articles," the Supreme Court has finally provided copyright holders with guidance to resolve this thorny issue.
Fitzpatrick, Cella, Harper & Scinto
While federal copyright laws unquestionably allow protection for original works of art, copyright eligibility has been less clear in situations where artistic designs are incorporated in articles...
Lathrop & Gage LLP
On March 22, 2017, the Supreme Court (in a 6-2 decision) ruled that a stripes and chevron pattern on a cheerleading uniform may be eligible for copyright protection ...
Wolf, Greenfield & Sacks, P.C.
As your company grows and expands, it is critical to evaluate your intellectual property strategy, because what may have worked during the early stages may need to change.
Jones Day
Who makes the country's patent laws—Congress, or the Patent Office? A recent petition for certiorari filed by SAS Institute, Inc.—represented by a team of Jones Day lawyers—asks the Supreme Court to decide that question in the context of inter partes reviews under the America Invents Act.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The recent Federal Circuit decision, Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd. et al., No. 2016-1900 (Fed. Cir. Mar. 14, 2017)
Jones Day
As we have previously discussed on this blog, when considering an issue of patentability such as definiteness under section 112, the PTAB and a district court may properly reach opposite conclusions.
Bejin Bieneman PLC
When a patent owner disclaims patent claims for which another party petitions for Covered Business Method Review, the petition is moot.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A variety of options are available to applicants to speed up patent application examination at the U.S. Patent and Trademark Office.
Proskauer Rose LLP
Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial purposes.
Foley & Lardner
In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited "batches" to be made by a specific "efficient mixing" process illustrated in one of the examples.
McDermott Will & Emery
The US Court of Appeals for the Eighth Circuit affirmed the district court's decision that a university licensing authority violated the First Amendment when refusing to approve use of the university's trademarks on t-shirts incorporating a marijuana leaf design.
McDermott Will & Emery
After the US Court of Appeals for the Federal Circuit addressed the very same issue and patent, the Patent Trial and Appeal Board (PTAB) reached a split decision.
McDermott Will & Emery
Both the US Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board (PTAB) reached the same conclusion, finding the patents not eligible for CBM review.
Tarter Krinsky & Drogan LLP
It's not uncommon for the person posting not to have permission to use the copyrighted music.
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Fenwick & West LLP
On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int'l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter.
Arnold & Porter Kaye Scholer LLP
Unusually, the Charter of Fundamental Rights of the EU contains a provision (Art. 17(2)) expressly recognizing the right to the protection of intellectual property.
Carlton Fields
On March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials...
Foley & Lardner
In Novartis v. Noven Pharmaceuticals, Inc., the Federal Circuit affirmed the USPTO Patent Trial and Appeal Board (PTAB) decisions invalidating certain claims of two Orange Book-listed Exelon patents.
Pryor Cashman LLP
Pryor Cashman successfully represented Warner Bros. Entertainment, CBS, Fox Broadcasting, Turner Broadcasting and Chuck Lorre Productions in a copyright infringement action...
Pryor Cashman LLP
The World Intellectual Property Organization (WIPO) reports that the number of trademark applications filed around the world each year has risen consistently since 2014.
Shearman & Sterling LLP
On March 22, 2017, the Supreme Court decided that federal copyright protection applies to cheerleading-apparel designs.
Fisher Phillips LLP
Employers have been using restrictive covenant agreements – contracts that contain non-compete...
Holland & Knight
In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for medical purposes, while voters in California, Nevada, Maine and Massachusetts expanded their tolerance for the use of marijuana to include recreational use.
Scott & Scott LLP
The following are a few key considerations to negotiate during any corporate transaction.
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