Mondaq USA: Intellectual Property
Morrison & Foerster LLP
Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you?
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Over the last few years, we have seen a number of procedural changes at the European Patent Office (EPO) looking to "raise the bar" in prosecution of European patent applications.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The patentability of biotechnological inventions in the European Union is governed by European Directive 98/44/EC (the "Biotech Directive").
Foley & Lardner
In a 7 – 2 decision issued March 24, 2015, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board (TTAB) on the issue of likelihood of confusion, made in registration cases, can be binding on courts in deciding the same issue in subsequent infringement cases.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Most notably, the Solicitor General has submitted a brief defending the Brulotte rule and has been granted the right also to present oral argument.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Plaintiff Moldex-Metric had used a bright green color to identify its earplugs since 1982. After defendant McKeon Products started selling earplugs in a bright green color...
Foley & Lardner
The Federal Circuit’s recent decision in Pacing Technologies, LLC v. Garmin International, Inc. provides patent litigators with a new tool for claim construction arguments.
Foley & Lardner
But, is this practice a reasonable interpretation of the statute, or an arbitrary, capricious abuse of discretion?
Venable LLP
On January 27, 2015, the U.S. Patent and Trademark Office released a list of examples to supplement the 2014 Interim Guidance on Patent Subject Matter Eligibility.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In the long-running dispute between the owner of a small motivational services business and Oprah Winfrey and her various companies...
Fenwick & West LLP
This week, the Supreme Court issued an important ruling that will significantly impact the way parties handle trademark disputes in the United States.
Frankfurt Kurnit Klein & Selz
The recent Supreme Court decision in B&B Hardware, Inc. v. Hargis Industries, Inc. contains some important news for trademark owners and practitioners.
McDermott Will & Emery
Clarifying the application of issue preclusion in the context of patent invalidity, the U.S. Court of Appeals for the Federal Circuit explained that its prior judgment of obviousness applies to all subsequent parties, even if neither party asked the court to find the patent obvious in the prior appeal.
McDermott Will & Emery
Two appeals following the Supreme Court’s modification of the standard of appellate review on claim construction in Teva Pharm. USA, Inc. v. Sandoz, Inc. (IP Update,Vol. 18, No. 1) indicate that it is largely business as usual for the U.S. Court of Appeals for the Federal Circuit.
McDermott Will & Emery
Addressing for the first time the issue of claim construction since the U.S. Supreme Court’s recent decision in Teva, the U.S. Court of Appeals for the Federal Circuit applied a de novo standard of review.
Since the Supreme Court decided Alice, district courts have increasingly invalidated patent claims directed to the use of general computers to implement "abstract" ideas.
Stites & Harbison PLLC
If you are using a name, word or symbol to sell goods or services, you have a protectable mark.
Ropes & Gray LLP
On March 24, 2015, in a trademark dispute, the United States Supreme Court determined that "likelihood of confusion for purposes of registration [of a trademark] is the same standard as likelihood of confusion for purposes of infringement."
Proskauer Rose LLP
Yesterday the United States Supreme Court issued a landmark ruling in B&B Hardware, Inc. v. Hargis Industries, Inc. et al., holding that likelihood of confusion determinations by the TTAB may have preclusive effect in infringement litigation.
Proskauer Rose LLP
A patent defendant specializing in "virtual" database systems recently learned how real its burden is when seeking to transfer out of the District of Massachusetts.
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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.
Stites & Harbison PLLC
United States' lovers of authentic, original British Cadbury chocolate will have to book a flight to the UK to enjoy the cherished confection.
McDermott Will & Emery
Key points about the America Invents Act that inventors need to know include: how to navigate the first-to-file system, a new definition of prior art.
Stites & Harbison PLLC
United States’ lovers of authentic, original British Cadbury chocolate will have to book a flight to the UK to enjoy the cherished confection.
Venable LLP
Numerous articles and practitioners are touting inter partes review (IPR) proceedings, and for good reason.
Stites & Harbison PLLC
You may have heard already that Mistress of All She Surveys Taylor Swift has filed several applications to register trademarks drawn from lyrics to songs in her boffo album 1989.
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."
Fox Rothschild LLP
If the Court does overrule the Brulotte doctrine, it will represent a significant shift in 50 years of licensing precedent.
Heslin Rothenberg Farley & Mesiti P.C
The U.S. Department of Agriculture (USDA) recently announced the deregulation of the Arctic® Apple, which is the first genetically modified apple to be approved for production, marketing, and sale in the United States.
Venable LLP
Launching an advertisement, production, or publication without obtaining the necessary third-party intellectual property (IP) rights can have costly consequences.
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