Mondaq USA: Intellectual Property
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
To the extent the concern regarding frivolous claims brought by certain patent owners is founded, the district courts are properly armed to deal with them.
McDermott Will & Emery
The U.S. Supreme Court (Justice Kennedy writing for the majority) has now eliminated a defense that has been available to parties accused of actively inducing patent infringement under 35 USC § 271(b).
Stites & Harbison PLLC
It turns out that LG Electronics filed for MEERKAT in South Korea (4020150033140) on May 6, 2015.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On March 31 we posted (here) about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings, beginning with a first rule package of "quick fixes" this spring.
Patterson Belknap Webb & Tyler LLP
The decision is consistent with themes that the Justices had raised during oral argument on March 31, 2015.
Orrick
Manufacturers continue to urge U.S. negotiators to pursue a Trans-Pacific Partnership (TPP) trade agreement that opens markets, protects intellectual property rights and enables cutting-edge innovation.
Bradley Arant Boult Cummings LLP
Bringing a lawsuit for a distinct variety of patent infringement has been made a little easier, which is good news for patent owners but probably bad news for victims of patent trolls.
Barnes & Thornburg
Commil sued Cisco in 2007 for direct infringement and induced infringement. A first trial on the inducement issue led to a finding of no liability.
Morrison & Foerster LLP
On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896 ("Commil"), that a good-faith belief that an asserted patent is invalid is not a defense to inducement...
Foley Hoag LLP
An application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness.
Duane Morris LLP
It is a recurring mantra from appellate practitioners to their trial co-counsel that every decision and action made throughout the course of a trial has appellate consequences that must be considered.
Proskauer Rose LLP
The petitioner, Commil, owned a patent for a method of implementing short-range wireless networks.
Foley & Lardner
The U.S. Supreme Court held yesterday in Commil USA, LLC v. Cisco Sys., Inc. that a defendant's belief regarding patent invalidity is not a defense to a claim of induced infringement.
Proskauer Rose LLP
The Supreme Court in the last several years has taken an activist approach to the area of patent law, granting certiorari in many more cases than in prior years and often reversing the Federal Circuit.
Stites & Harbison PLLC
Last week, queen blogger Mari-Elise Taube wrote about Melissa Lay and her social media battle with Target over its sale of the #Merica tank top.
Jones Day
The Commil decision is significant on a number of fronts. Most notably, it changes the rule of law applicable to claims of induced infringement and removes the defense created by the Federal Circuit's now-vacated decision.
Frommer Lawrence & Haug LLP
On May 26, 2015, in a six-to-two decision, the Supreme Court rejected the proposition that a good-faith belief that a patent is invalid could be used as a defense to a claim of inducing patent infringement.
Foley & Lardner
The patent at issue was ArcelorMittal's U.S. Patent No. RE44,153, which was a reissue of U.S. Patent 6,296,805.
Nutter McClennen & Fish LLP
In Commil USA, LLC v. Cisco Systems, Inc. (No. 13-896, May 26, 2015), the United States Supreme Court held that a good faith belief in the invalidity of a patent is not a shield to liability for active inducement of infringement. In so holding, the Court eliminated a defense which the Federal Circuit established just two years ago.
Sheppard Mullin Richter & Hampton
Previously we've discussed Hooli's reverse engineering of Pied Piper's technology and the threatened lawsuit for ownership of the technology.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Those that excel at innovation should be entitled to focus on doing so without diverting their attention.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In a straightforward application of Section 2(a) of the Lanham Act, the TTAB upheld a refusal to register the mark PORNO JESUS for adult entertainment videos finding the mark may disparage Christian-Americans.
Stites & Harbison PLLC
So much for being mercilessly gouged for obscure cords and batteries in sketchy strip malls across the country.
Foley Hoag LLP
Yesterday marked the sunrise launch of the .porn and .adult generic top-level domains (gTLDs), which join .xxx in the top-level domain name space as gTLDs targeted mainly at online purveyors of adult entertainment.
McDermott Will & Emery
Georgia-Pacific, a leading paper products company, owns a trademark for ENMOTION for use in connection with touchless paper towel dispensers and related goods.
Moritt, Hock & Hamroff LLP
Under the coverage provisions in standard comprehensive general liability insurance policies, there is often coverage for what is known as "Advertising Injury."
Patterson Belknap Webb & Tyler LLP
After a slow start for the biosimilar pathway, 2015 has been a landmark year.
Nutter McClennen & Fish LLP
There are two types of taglines or slogans companies typically seek protection of, taglines tied to an advertising campaign or sales of a good or service, and taglines or slogans that are on merchandise intended to invoke or amuse people and drive them to purchase the merchandise.
WilmerHale
Summary: Effective May 13, 2015, a US national stage application for which an inventor's oath or declaration (or substitute statement, as applicable) has not been filed is not eligible for an RCE filing.
Klein Moynihan Turco LLP
Last Thursday, Alamo Beer Company, LLC ("Alamo Beer"), Old 300 Brewing, LLC d/b/a Texian Brewing Co. ("Texian") and the State of Texas settled an historical trademark dispute.
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