Mondaq USA: Intellectual Property
Jones Day
The '136 patent was filed in 1999 and originally assigned to a third party.
Jones Day
An expanded panel at the PTAB has found that post-Petition claim cancellation is a legitimate strategy for patent owners to avoid CBM jurisdiction.
Wolf, Greenfield & Sacks, P.C.
In a rare opposition based on the ground of Section 2(e)(2) geographical descriptiveness, the Board rejected applicant's Section 2(f) claim of acquired distinctiveness based on five years of use...
Seyfarth Shaw LLP
On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344.
Prost, J. Reversing-in-part and remanding for new trial on written description and enablement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In late May, the Supreme Court of the U.S. (SCOTUS) issued its long-awaited decision in Impression Products v. Lexmark Intl.
Stites & Harbison PLLC
In the spirit of Halloween, this post will be about the ghostly subject of phantom marks.
Akin Gump Strauss Hauer & Feld LLP
There was also no evidence to show that an interested party would have known to visit a particular oncology website to look for the consent form.
Wolf, Greenfield & Sacks, P.C.
In a 74-page opinion, the Board dismissed an opposition to the mark GREATER OMAHA & Design, shown below left...
Smith Gambrell & Russell LLP
The Digital Millennium Copyright Act (‘‘DMCA'') contains an important safe harbor provision for online service providers that helps protect them from liability for copyright infringement for material...
Ropes & Gray LLP
The Federal Circuit recently analyzed agency guidance stemming from precedential PTAB decisions.
Ropes & Gray LLP
The ITC is first and foremost a trade forum tasked with ensuring international parity in trade.
Lewis Roca Rothgerber Christie LLP
It is fairly common nowadays for a party accused of patent infringement to file a petition in the United States Patent and Trademark Office requesting Inter Partes Review of the asserted patent.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 75%.
Wolf, Greenfield & Sacks, P.C.
In this consolidated proceeding concerning the mark LEHMAN BROTHERS, Tiger Lily Ventures Ltd. moved to strike certain testimony and evidence submitted by Barclays Capital Inc. during the latter's case-in-chief...
Fenwick & West LLP
At the center of every successful video game franchise lies a strong and well-guarded brand. Those brands are reinforced by their trademarks—the words and symbols that serve as badges...
Dennemeyer Group
On Wednesday, October 4, 2017, the Court of Appeals for the Federal Circuit (CAFC) ruled en banc that a petitioner challenging the validity of patent claims in post grant review proceedings ...
Hughes Hubbard & Reed LLP
The antitrust war Qualcomm is now defending on three continents against government regulators as well as Apple and its iPhone manufacturers...
Wolf, Greenfield & Sacks, P.C.
To many patent owners in IPR, the prospect of a patent-saving claim amendment is all but illusory.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
SAP then filed a litigation against Investpic asking the court to declare that SAP did not infringe the claims of Investpic's patent.
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The field of 3D printing has been growing rapidly for years. It has applications in many areas of life and the economy, such as healthcare, aerospace, and parts replacement.
Womble Carlyle
Owners of federal trademark registrations and applications have been continuously targeted by scam artists who pull owner names from the USPTO database and contact these owners offering...
Ropes & Gray LLP
Yesterday I explained why In re Aqua Products would not result in PTAB Motions to Amend being any more attractive or ultimately successful.
Reed Smith
Delta Airlines, Inc. ("Delta") sued a handful of defendants in Federal court last week over a pet shipment website that appears to be affiliated with the company. Delta is seeking an injunction and damages against John Doe defendants.
Lewis Roca Rothgerber Christie LLP
Twitter has been referred to as "the Wild West of the internet—a lawless, godless place designed for sinners and sure to corrupt the pure of heart."
Foley Hoag LLP
In early 2017, battery manufacturer Duracell obtained Lever Rule protection for certain gray market batteries bearing the DURACELL trademark.
McDermott Will & Emery
In a split decision, the US Court of Appeals for the Federal Circuit denied an application by EVE-USA et al. for a panel or en banc rehearing on the issues of apportionment and assignor estoppel.
Ropes & Gray LLP
Blockchain — the distributed ledger technology underlying bitcoin — has the potential to have a revolutionary impact far beyond cryptocurrencies.
Foley & Lardner
On August 2nd 2017, the USPTO hosted a Bicoastal Biotechnology/Chemical/Pharmaceutical Customer Partnership that focused on the USPTO's current thinking on patent-eligibility.
Pillsbury Winthrop Shaw Pittman LLP
When it comes to finding ways of making money, no corner of a capitalistic society shall go unmined.
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