Mondaq USA: Intellectual Property
Fenwick & West LLP
Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings...
Kramer Levin Naftalis & Frankel LLP
Intellectual Property partner Gregory B. Sephton, special counsel Christine Willgoos and associate John P. Dillon's article "BPCIA Questions Continue To Arise For Biosimilar Applicants"...
Wolf, Greenfield & Sacks, P.C.
The Board correctly concluded that the "will.i.am" restriction "does not impose a meaningful limitation in this case for purposes of likelihood of confusion
Seyfarth Shaw LLP
As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Bobby R. Williams, Jr., a senior consultant at iDiscovery Solutions.
Ogletree, Deakins, Nash, Smoak & Stewart
Restaurant fortunes are often attributable to just one or two signature dishes, and recipe ownership dilemmas can arise in restaurants of all sizes.
Pryor Cashman LLP
Both established companies and startups are increasingly utilizing provisional patents as part of their IP strategies, recognizing the unique benefits they offer.
McDermott Will & Emery
The Federal Circuit agreed and concluded that the district court's refusal to allow New World a second chance at the pleading was not an abuse of discretion.
McDermott Will & Emery
Preston filed a complaint against Nagel in state court alleging several state-law claims.
McDermott Will & Emery
Patent owners should fully respond to petitioners' motivation to combine arguments, pointing out any factual deficiencies and challenging the petitioner's explanations.
McDermott Will & Emery
In 2014, Volkswagen petitioned for IPR of certain claims of EmeraChem's patent related to methods for regenerating a catalyst after extended exposure to pollutants in the combustion gases of engines.
Wolf, Greenfield & Sacks, P.C.
The Board sustained these consolidated oppositions to registration of STILL SPOONING for "Custom imprinting of flatware and fishing lures"...
WilmerHale
Matter management has become increasingly important for law firms and the clients that they serve. For clients, effective matter management can result in lower fees, more accurate estimates of costs, and better results, as their lawyers take a more active role in the processes for delivering legal services.
Haug Partners
The order dismissed one of the patent-in-suit's owners—the Regents of the University of Minnesota—but denied the motion to dismiss as to the patent's co-owner Toyota Motor Corp.
Foley Hoag LLP
Over a decade ago, a lawyer snapped a photograph of the Indianapolis skyline, thus opening the gates to perhaps the most prolific flood of copyright litigation in the history of Indiana.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of THE CANNIBAL for beer, finding a likelihood of confusion with the identical mark registered for "Restaurant services; Restaurant services, namely, providing of food and beverages ...
BakerHostetler
On July 25, the USPTO published a new report titled "Patent Eligible Subject Matter: Report on Views and Recommendations From the Public." The report attempts to synthesize public comments....
Wolf, Greenfield & Sacks, P.C.
Section 2(e)(5) of the Lanham Act bars registration of a proposed mark that "comprises any matter that, as a whole, is functional."
Wolf, Greenfield & Sacks, P.C.
IPR is widely used to challenge patents.
McDermott Will & Emery
One-E-Way brought a US International Trade Commission (ITC) investigation, asserting two patents on a wireless audio system designed to let people use wireless headphones privately, without interference.
McDermott Will & Emery
The patent at issue relates to providing financing for a customer to purchase a product selected from an inventory maintained by a dealer.
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Ropes & Gray LLP
The TPNTPA focuses on the U.S. International Trade Commission (ITC), a quasi-judicial federal agency in Washington, D.C. with broad investigative powers on matters of trade
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., a district court ruling...
Volpe and Koenig, P.C.
In 2017, the Supreme Court will issue opinions on a wide range of important issues in intellectual property law.
Stites & Harbison PLLC
Recently, Amazon rolled out its revamped brand registry. This is a recent example of an online marketplace encouraging intellectual property owners to embrace the platform by taking steps to...
McDermott Will & Emery
The US Court of Appeals for the Ninth Circuit upheld the first federal jury criminal conviction for economic espionage and theft of trade secrets under the Economic Espionage Act of 1996 (EEA).
Foley & Lardner
During the IPR, Patent Owner Tire Hanger conceded that the original claims were unpatentable and filed a motion to add "human involvement to steps that an apparatus or other structure could have otherwise performed," to the claimed method...
McDermott Will & Emery
The US Court of Appeals for the Ninth Circuit made a point to remind trademark litigants of the relevant laws and policies pertaining to trademark "genericide" when it sustained summary judgment...
Orrick
Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition.
Frankfurt Kurnit Klein & Selz
Copyright claims based on alleged similarities between video games ("clones") are as old as the industry itself. While video games, like other creative works, may receive some level of protection...
McDermott Will & Emery
Addressing the regional circuit split over whether copyright registration occurs when a copyright application is filed or when the Register of Copyrights registers the copyright, the US Court of Appeals...
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