Mondaq USA: Intellectual Property
Brooks Kushman
Brooks Kushman Of Counsel David C. Berry was featured in Crain's Detroit Business' August 21, 2016 article "Pro bono IP work a growing service."
Proskauer Rose LLP
In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In
Seyfarth Shaw LLP
It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Although an inventor's employment agreement obligated him to assign to his employer all inventions and patents resulting from his work during his employment relating to his employer's current, anticipated, or prospective business activities, a court found that the agreement narrowly covered only particular business activities of the employer.
Shearman & Sterling LLP
In an ongoing dispute between Ericsson and TCL in the Central District of California over patents allegedly essential to a European Telecommunications Standards Institute standard, TCL retained two testifying experts to analyze the entire universe of patents declared essential to ETSI—over 170,000 of them—for certain basic information, as well as an analysis of how many of them are actually essential.
WilmerHale
The most recent Patent Trial and Appeals Board rule changes, effective May 2, 2016, allow petitioners to seek leave to file a reply to a patent owner preliminary response upon a showing of good cause.
Shearman & Sterling LLP
On July 15, 2016, the Federal Circuit, in a precedential order, dismissed an appeal by SkyHawke Technologies.
Shearman & Sterling LLP
On July 27, 2016, the U.S. International Trade Commission issued its Final Determination in Certain Three-Dimensional Systems and Components Thereof, Inv. No. 337-TA-939.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On remand from the Federal Circuit, the district court in Murata Machinery USA, Inc. v. Daifuku Co., Ltd., reaffirmed its earlier decision to deny Murata's motion for a preliminary injunction.
Stites & Harbison PLLC
No. At least not according to a recent decision rendered earlier this month by three judge panel at the Trademark Trial and Appeal Board.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The district court granted orders for a temporary restraining order and preliminary injunction directing the return of trade secrets and identification of cloud data storage where the trade secrets were stored.
Kaye Scholer LLP
On February 24, 2016, U.S. President Barack Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015.
Shearman & Sterling LLP
The Supreme Court in Halo unanimously eliminated the rigid two-part Seagate test and returned discretion to district courts to enhance damages under 35 U.S.C. § 284 for egregious cases of culpable infringement.
Shearman & Sterling LLP
The court unanimously held that the purchase by a patentee of manufacturing services from a third party is not a commercial sale that triggers the bar.
Shearman & Sterling LLP
The creation of post-grant review proceedings, including, among others, inter partes reviews ("IPRs"), has fundamentally shifted patent litigation strategy.
Shearman & Sterling LLP
Nearly five years have passed since enactment of the America Invents Act ("AIA"), which was arguably the most significant intellectual property legislation since the Copyright Act of 1976.
Orrick
The Finjan order addresses two patents and an accused product having seven allegedly valuable features.
Fenwick & West LLP
In Capital Records v. Vimeo, the Second Circuit Court of Appeals issued an important decision on the Digital Millennium Copyright Act § 512 safe harbor.
Fenwick & West LLP
On May 11, 2016, the Defend Trade Secrets Act of 2016 was enacted, creating federal jurisdiction for a civil claim for trade secret misappropriation.
Fenwick & West LLP
The TTAB affirmed an examiner's refusal to register HERBAL ACCESS for use in connection with "retail store services featuring herbs," on the grounds that the applicant was using the mark for the sale of marijuana.
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Foley Hoag LLP
This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966.
Masuda, Funai, Eifert & Mitchell, Ltd.
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 into law.
Poyner Spruill LLP
Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make.
Brinks Gilson & Lione
The UK was expected to ratify the UPC by the end of 2016.
WilmerHale
Hall, J. Plaintiff Jack Urbont alleged copyright infringement of the Iron Man theme song by defendants Sony Music Entertainment and Razor Sharp Records.
Frankfurt Kurnit Klein & Selz
In the few weeks since its release, Pokémon™ GO has dominated the interactive entertainment landscape.
Morrison & Foerster LLP
We're in the midst of a seismic shift in how companies interact with user-generated content (UGC).
Coblentz Patch Duffy & Bass LLP
One consequence of the United Kingdom's vote to exit the European Union is the questions it raises regarding European trademark protection.
McDermott Will & Emery
To prevent tax evasion and ensure that taxpayers appropriately allocate taxable income between related entities, intercompany agreements must be negotiated at arm's length.
McDermott Will & Emery
Wiley sued Kirtsaeng for copyright infringement and argued that the first-sale doctrine did not apply when a book was manufactured abroad, as were those that Kirtsaeng had resold.
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