Mondaq USA: Intellectual Property
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.
Fredrikson & Byron, P.A.
Does your trademark registration identify multiple goods or services in a single class? If so, you could be subject to a random audit to make sure you are using your mark with all the goods...
Fenwick & West LLP
As many of my readers noticed, I didn't publish any of my own blogs in January and February.
Day Pitney LLP
In SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, 580 U.S. ____, 137 S. Ct. ____ (2017), the Supreme Court vacated an en banc Federal Circuit decision...
Thompson Coburn LLP
Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States.
Akin Gump Strauss Hauer & Feld LLP
On March 16, 2017, the Patent Trial and Appeal Board (PTAB) issued its final written decision in the LG Electronics v. Core Wireless Licensing S.A.R.L. matter.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Recently, the U.S. District Court of Delaware dismissed a complaint filed by Genentech under the Biologics Price Competition and Innovation Act ("BPCIA").
One purpose of the California Uniform Trade Secrets Act ("CUTSA") is to preempt and displace many common law causes of action that could arguably apply in a trade secrets case, such as conversion.
Proskauer Rose LLP
The designs in question were primarily "combinations, positions, and arrangements of elements" that included stripes, chevrons, zigzags, and colorblocks.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Today after a ruling by the Trademark Trial and Appeal Board that the marks were disparaging to Native Americans...
Frankfurt Kurnit Klein & Selz
On March 22, 2017, the Supreme Court ruled in Star Athletica v. Varsity Brands that copyright law can protect designs on cheerleading uniforms.
Proskauer Rose LLP
The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the six-year statute of limitations found in 35 U.S.C. § 286.
Stites & Harbison PLLC
In a 6-2 decision, the U.S. Supreme Court in Star Athletica, L.L.C. v. VarsityBrands, Inc. proclaimed Varsity Brands' cheerleader uniforms are entitled to copyright protection.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The '895 patent generally covers a system designed to control the torque of an electromagnetic motor.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Through March 1, 2017, the Federal Circuit decided 172 PTAB appeals from IPRs and CBMs.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball's national champion.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC's service mark based upon the failure of its specimen to demonstrate use...
Jones Day
The United States Patent and Trademark Office may now issue post-registration Office actions requiring evidence of use on multiple goods or services for Section 8 and 71 trademark renewal affidavits.
Jones Day
The Supreme Court, by a 7–1 margin, held that the equitable doctrine of laches cannot override Congress's six-year lookback period.
Jones Day
In a precedential opinion dated March 14, 2017, the Federal Circuit reversed the PTAB, holding that in finding a claim anticipated under 35 USC § 102, the Board cannot "fill in missing limitations"...
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Khurana and Khurana
In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. Vs. Eli Lilly & Co. decided by United States Court of Appeals...
Mayer Brown
The question of whether a sequence of exercises, such as yoga poses or dance moves, can be copyrighted has occupied the attention of international courts, scholars and copyright offices for some time.
McDermott Will & Emery
Microsoft filed an IPR petition with respect to a patent directed to providing a real-time preview of the impact of user commands on a document being edited.
Gray Reed & McGraw LLP
You know you've chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going "viral" is legal.
Foley Hoag LLP
Last week, a federal judge in Boston answered a question of first impression arising under the patent dispute resolution provisions of the Biological Price Competition and Innovation Act ("BPCIA")...
The name "Cindy-Lou Who" likely invokes thoughts of the holiday season and Dr. Seuss's beloved How the Grinch Stole Christmas ("Grinch"), which reminds us that the holidays are not all about toys and trinkets.
Arnold & Porter Kaye Scholer LLP
In early March, the United States Supreme Court declined to hear an appeal in a significant trademark and unfair competition case decided in 2016 by the United States Court of Appeals for the Fourth Circuit...
Morgan Lewis
A patent does not qualify for "covered business method" review if its claims are only incidental to a financial activity.
Thompson Coburn LLP
What happens when you use legitimate means to achieve despicable ends? In the case of two attorneys at the center of a high-profile copyright enforcement scheme involving pornographic movies,
The MPHJ Tech decision reminds us that the value of a well-drafted provisional application cannot be overstated.
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