Mondaq USA: Intellectual Property
Fox Rothschild LLP
Effective November 1, 2016, new European Patent Office (EPO) Examination Guidelines governing the transfer of European patent applications will take effect.
Jones Day
The Commission issued a notice of its determination not to review an initial determination finding no violation of Section 337 by Respondents in connection with alleged misappropriation of trade secrets.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A Delaware court recently excluded an expert's damages opinion estimating a reasonable royalty based on generic statistics rather than the specific facts of the case.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
When expert opinion testimony is provided in patent infringement cases to determine a reasonable royalty in damages calculations, the experts and their opinions must meet admissibility standards.
Dyk, J. Denying petition for rehearing and confirming the Court's earlier order. "The Board's vacatur of its institution decisions and termination of the proceedings constitute decisions whether to institute inter partes review and are therefore 'final and nonappealable' under § 314(d).
Lewis Roca Rothgerber Christie LLP
On October 24, 2016, the U.S. Ninth Circuit Court of Appeals held that the U.S. Supreme Court's holding in the 2014 patent case Octane Fitness also applies to trademark cases.
Lewis Roca Rothgerber Christie LLP
Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act.
While waiting to see how the Federal Circuit affects the PTAB's application of a broad standard for design patents, it will be important to look out for overlaps in the legal standards for anticipation and obviousness.
Brinks Gilson & Lione
On October 6th, 2016, the Federal Trade Commission (FTC) released a greatly anticipated study, the subject focusing on various Patent Assertion Entities' (PAE) business operations over a six year period.
Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression, the most significant exhaustion ruling since the Supreme Court's Quanta decision.
Companies often seek to protect their trade secrets by requiring employees to sign non-compete agreements. California law invalidates such provisions except in very limited circumstances.
Seyfarth Shaw LLP
The claims are undoubtedly the most important part of a utility patent or patent application.
Kramer Levin Naftalis & Frankel LLP
The article examines the early strategic decisions required by German companies interested in selling their products in the U.S. market.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Through October 1, 2016, the Federal Circuit decided 120 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 95 (79.17%) of the cases, and reversed or vacated the PTAB on every issue in 9 (7.50%) of the cases.
Foley Hoag LLP
If you are a Star Trek fan, the name Axanar has almost certainly crossed your lips or your computer screen recently.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Defend Trade Secrets Act of 2016 (DTSA) created a uniform federal trade secret law on May 11, 2016, in addition to the existing state trade secret laws.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A covenant not to sue for patent infringement did not eliminate the court's jurisdiction to hear a patent validity challenge as part of a license dispute between the parties.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Federal Circuit held that it has no jurisdiction to review the USPTO's decision to institute an IPR proceeding allowing an assignor to challenge the validity of a patent that it previously assigned.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In June, the Supreme Court in Halo Electronics, Inc. v. Pulse Electronics, Inc. rejected the "Seagate" test for enhancing patenting infringement damages as unduly rigid.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Semiconductor companies have long recognized the potential for the Internet of Things (IoT).
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Kaye Scholer LLP
In his 2013 State of the Union address, President Obama said that 3D printing is a technology that has "the potential to revolutionize the way we make almost everything."
Fish & Richardson
One of the most important remedies a trade secret owner may want is a court order enjoining a former employee from going to a competitor and making use the trade secret there.
Fish & Richardson
Bankruptcy presents risks for, among many others, IP licensees. Fortunately, there is a provision in the federal bankruptcy law that is designed to protect IP licensees when a licensor becomes insolvent.
Foley Hoag LLP
On September 8, 2016, the ECJ rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Within a few days of purchasing several patents for $2 million, a patentee began sending demand letters to potential infringers and filed a patent infringement suit within the year.
Mayer Brown
This Legal Update should help separate fact from fiction regarding this important issue.
Fenwick & West LLP
The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it) can be liable for copyright infringement.
Foley & Lardner
The FDA approved Inflectra–Celltrion's biosimilar version of Janssen's Remicade® (infliximab) product–in April 2016, but according to Pfizer's press release it's commercial launch still "depend[s] on a number of factors"...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment.
Foley Hoag LLP
The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases
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