Mondaq USA: Intellectual Property
Effective earlier this year, recently amended 37 C.F.R. §§ 2.161(h) and 7.37(h) empower the USPTO to require a registrant to submit additional documentation as "reasonably necessary" to prove use of the mark...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Examiners commonly satisfy this requirement by citing one or more prior art references allegedly teaching each of the limitations of a claim.
Dickinson Wright PLLC
Though the ITC has long recognized that a licensee's activities can be used to satisfy the domestic industry requirement...
Proskauer Rose LLP
The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction.
Akin Gump Strauss Hauer & Feld LLP
First, the petitioner knew of the prior art asserted in the second petition when it filed the first petition.
Jones Day
We previously wrote about the ITC's determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, that renting accused products...
Brinks Gilson & Lione
On April 4, 2017, the United States Court of Appeals for the Federal Circuit ("CAFC") denied Google's petition for rehearing en banc. Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In patent litigation cases involving foreign parties, issues on whether the attorney-client privilege applies to foreign IP professionals may arise during discovery.
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.
In April 2015, in the U.S. District Court for the Northern District of Illinois...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Method of treatment claims have long been part of the pharmaceutical industry's patent portfolio to protect its innovative drug products.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The U.S. Supreme Court found that patent infringement claims brought within the six-year statute of limitations may not be barred for unreasonable delay under the equitable defense of laches.
Fenwick & West LLP
On April 12th, the Federal Circuit, in a per curiam order, denied SHzoom's motion to make the Trading Technologies opinion precedential.
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.
Bowditch & Dewey
You have worked hard, you are proud of your beer, and you want the market, if not the world, to know that it is your product.
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.
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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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