Mondaq USA: Intellectual Property
Womble Carlyle
Southern Mills, Inc. ("Southern Mills"), a Georgia corporation doing business as TenCate Protective Fabrics, filed a patent infringement action on July 15, 2015 against International Textiles Group, Inc. f/k/a Safety Components International, Inc.
Barnes & Thornburg
The U.S. Patent and Trademark Office (USPTO) published a Notice on July 30 updating procedures for determining patent eligible subject matter under 35 U.S.C. §101 with a request for public comments.
Womble Carlyle
The furniture business is constantly evolving. New trends come and go. Some stick around for a while, and some burn bright for what constitutes a fleeting second in the industry.
Womble Carlyle
Plaintiff Microwave Vision, SA ("Microwave Vision"), owner of U.S. Patent No. 7,443,170 (the "‘170 Patent"), brought an action for patent infringement along with MVG Industries, SAS, and MVG, Inc. (collectively "Plaintiffs") against ESCO Technologies Inc. and ETS-Lindgren Inc. (collectively the "Defendants").
Seyfarth Shaw LLP
The DTSA differs from the UTSA in several important aspects. First, the DTSA allows for an ex parte seizure order.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The 11th Circuit has affirmed a Southern District of Florida ruling that Olem Shoe Corporation did not willfully infringe copyrights owned by Washington Shoe Company, but did infringe in general.
WilmerHale
On July 30, 2015, the United States Patent and Trademark Office (USPTO) issued updated guidance on subject-matter eligibility under 35 U.S.C. 101, intended to "assist examiners in applying the 2014 Interim Patent Eligibility Guidance during the patent examination process."
McDermott Will & Emery
The patents at issue disclosed a lengthy list of possible organic solvents, which included tertiary-butyl alcohol as the most preferred solvent.
McDermott Will & Emery
Otsuka argued that, in general, where a specific pediatric indication exists, that pediatric indication must be described under the "indications and usage" section of a drug label.
McDermott Will & Emery
Bayer owns a patent on the active ingredient ciprofloxacin hydrochloride in the antibiotic Cipro®. It subsequently obtained approval from the U.S. Food and Drug Administration (FDA) to market the drug in the United States.
McDermott Will & Emery
As Judge Moore warns in her dissent, this holding should encourage defendants to scrap and fight to keep an underlying district court litigation pending in the hope of faring better with the PTO.
McDermott Will & Emery
The patents-at-issue related to online methods for coordinating containerized shipping. In 2011, the appellant's parent company filed suit in district court, seeking a declaratory judgment that the patents were invalid.
McDermott Will & Emery
Addressing the issue of standing, the U.S. Court of Appeals for the Federal Circuit vacated a jury verdict of willful infringement.
Dykema Gossett
The big trademark news, of course, is that a federal judge now has weighed in, ordering the U.S. Patent and Trademark Office to cancel six trademark registrations of Pro-Football, Inc. containing the word "redskins."
Foley & Lardner
The July 2015 Update on Subject Matter Eligibility identified six major themes from the comments received responsive to the 2014 Interim Guidance.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
When the America Invents Act legislation was first proposed, many thought its broad estoppel provisions might be a deterrent for parties considering post-grant proceedings.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
When protecting innovative three-dimensional designs, many often consider two distinct options: design patents or trade dress.
Dykema Gossett
IP litigation is among the most significant, and costly, litigation a company can face, regardless whether on the plaintiff or defense side.
Nutter McClennen & Fish LLP
On July 30, 2015, Drew Hirshfeld was appointed to the position of Commissioner for Patents for the United States Patent and Trademark Office (USPTO).
Smith Gambrell & Russell LLP
In intellectual property cases, it is not uncommon for the parties to be involved in 'parallel proceedings' - litigating related issues in more than one country simultaneously.
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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.
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.
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."
Reed Smith
Eastern District of Texas District Judge Rodney Gilstrap, who has the busiest patent docket in the United States, recently announced a new model procedure for handling the onslaught of so-called "101" or "Alice" motions.
Herrick, Feinstein LLP
There are many reasons a private collector would want to loan a work of art to a museum.
Bradley Arant Boult Cummings LLP
Recent years have seen a wave of efforts to control frivolous patent-infringement lawsuits perpetrated by so-called patent trolls.
Venable LLP
For those unfamiliar with this case, Monster Energy ran a promotional video on its website that used portions of five Beastie Boys songs as the soundtrack and included other references to the group.
Stites & Harbison PLLC
Domain names are not trademarks. Like telephone numbers, URL addresses are comprised of a unique string of characters that correspond to particular content on the world wide web.
Venable LLP
Since the Summer/Fall 2014 Update, Congress is no longer in its 113th session, and most of the bills previously referenced are no longer active.
Patterson Belknap Webb & Tyler LLP
The Biologics Price Competition and Innovation Act of 2009 was passed as part of health reform signed into law by President Barack Obama in March 2010.
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