Mondaq USA: Intellectual Property
Scott & Scott LLP
Microsoft's Services Provider License Agreement (SPLA) is the principal licensing agreement for companies that want to use Microsoft products to deliver hosted software solutions over the Internet.
Haug Partners
On June 12, 2017, the U.S. Court of Appeals for the Federal Circuit reversed a finding of indefiniteness that invalidated two patents claiming wireless audio systems in One-E-Way, Inc. v. ITC.
Reed Smith
Earlier this week, a unanimous but fractured Supreme Court ruled that a controversial provision in the Lanham Act prohibiting the registration of trademarks that disparage ...
Lewis Roca Rothgerber Christie LLP
In a greatly-anticipated decision, the Supreme Court ruled today that the U.S. government cannot refuse federal registration of an offensive trademark, holding that such a restriction violates the First Amendment.
Miles & Stockbridge
Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) for more than two years, submitted a letter of resignation on the afternoon of Tuesday, June 6, 2017.
Jones Day
By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if:
Womble Carlyle
The high court held that the federal government cannot deny a trademark registration because some people might find the trademark offensive.
Lewis Roca Rothgerber Christie LLP
The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC to examine the constitutionality of inter partes review proceedings by the United States Patent and Trademark Office.
Orrick
We have discussed before the importance of maintaining internal policies and procedures to protect the security and integrity of cloud-based repositories.
BakerHostetler
On May 30, 2017, Judge William H. Pauley III, in the Southern District of New York, ruled that rapper-singer-songwriter Drake was permitted to use a sample of jazz artist Jimmy Smith based...
Seyfarth Shaw LLP
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law.
Seyfarth Shaw LLP
•Employers should continue to use caution when using non-California forum selection clauses and choice of law provisions in agreements that are "conditions of employment" with California employees.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 16-712, to consider "[w]hether inter partes review
Orrick
This is at least the fourth time in the past year that a certiorari petition was filed, contending that AIA reviews were unconstitutional.
Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The current extraterritorial reach of U.S. trade secret law may seem ironic given trade secret law's "local" roots.
Morgan Lewis
AbbVie's arguments raised in a prior IPR were key to the PTAB's finding of no commercial success.
Foley & Lardner
On June 12, 2017, the Supreme Court issued a unanimous decision in Sandoz Inc. v. Amgen Inc. (No. 15-1039), deciding that 42 U.S.C. § 262(l)(9)(C) sets forth the exclusive federal remedy for failing...
Brooks Kushman
The Digital Millennium Copyright Act ("DMCA") grants Internet service providers and intermediaries (collectively "ISPs") a series of safe harbors that limit secondary liability for copyright infringement.
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit vacated a district court judgment as it relates to marking, finding that the patent owner cannot use disclaimer to avoid the marking requirement...
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Kramer Levin Naftalis & Frankel LLP
This alert examines the Supreme Court's Impression Products decision, which expands the doctrine of patent exhaustion to sales outside the U.S. and confirms that the doctrine cannot be limited...
Morrison & Foerster LLP
In yesterday's TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a domestic corporation resides only in its state of incorporation for purposes of patent venue.
Andrews Kurth LLP
On May 22, 2017, the United States Supreme Court granted certiorari in SAS Institute, Inc. v. Lee...
BakerHostetler
In Rivera v. International Trade Commission, Appeal No. 2016-1841 (Fed. Cir. May 23, 2017), the Federal Circuit affirmed the ITC's decision invalidating Rivera's patent under the written description...
Jones Day
On May 30, 2017, the U.S. Supreme Court held that when a patent owner sells a product covered by a patent, that sale—whether it takes place in the United States or outside the country—"exhausts its patent rights, regardless of any post-sale restrictions the patentee purports to impose, either directly or through a license."
Foley Hoag LLP
Registration is not required for valid copyright ownership, but it is required before you can bring a copyright infringement lawsuit.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Below, a divided Federal Circuit panel held that: (1) a biosimilar applicant is not required to provide its application and manufacturing information to the Reference Product Sponsor (RPS)
Jones Day
We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations...
Klein Moynihan Turco LLP
The concept of "fake news" has garnered substantial attention in recent years, evolving from its satirical literary origins into a passionately criticized Internet phenomenon.
Lewis Roca Rothgerber Christie LLP
Under the longstanding doctrine of patent exhaustion, a patentee's rights are "exhausted" once an authorized sale has occurred.
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