Mondaq USA: Intellectual Property
Lewis Roca Rothgerber Christie LLP
Deciding when to take a product or service to a foreign market is a difficult decision. The perceived opportunities presented by the latest hot market can be tempting for a company wanting to grow.
Jones Day
On January 9, 2017, the United States Court of Appeals for the Federal Circuit ("the Federal Circuit") issued a decision in Phigenix, Inc. v. ImmunoGen, Inc., . . .
Kramer Levin Naftalis & Frankel LLP
This alert examines the Supreme Court's granting of the appellant's petition and the respondent's cross-petition for a writ of certiorari in Sandoz Inc. v. Amgen Inc.
Fox Rothschild LLP
The new Guidelines include several updates that reflect changes in the law since the 1995 guidelines were issued.
WilmerHale
This article considers district court decisions on enhanced damages issued within the first six months after Halo, particularly focusing on the factors that influence whether enhanced damages are ultimately awarded.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In recent years, certain court decisions have suggested that copying is not a significant secondary consideration of non-obviousness in pharmaceutical patent infringement cases...
Akin Gump Strauss Hauer & Feld LLP
A PTAB panel has denied institution of an inter partes review proceeding because the petitioner did not establish that key references were properly qualified as printed publications under 35 U.S.C. § 102(b).
Jones Day
On January 4, 2017, in a final written decision in IPR2015-01490, the PTAB found 17 claims of a patent directed to methods of treating iron disorders.
Jones Day
The Patent Trial and Appeal Board ("Board") recently reviewed the threshold necessary to institute a request for inter partes review (IPR) under 35 U.S.C. § 102.
Jones Day
As discussed in our November 3, 2016, post, defaulting at the ITC to avoid the cost of litigation is a risky strategy.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Medical devices—encompassing everything from contact lenses to hemodialysis machines—are fundamental components of modern medicine.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The TTAB recently held that trademark applicants may rely on the "family of marks" doctrine to prove acquired distinctiveness for descriptive marks, but that LC Trademarks, Inc. had failed to...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In particular, it found that harm to Finjan's licensees did not create irreparable harm to Finjan or justify Finjan's request for a preliminary injunction.
Butler Snow LLP
Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users' uploaded content under the DMCA...
Brinks Gilson & Lione
The maker of "My Other Bag" tote bags received its hoped-for holiday gift in late December when the Second Circuit affirmed the district court's earlier grant of a summary judgment...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Standing to sue for patent infringement requires that the plaintiff have valid legal title in the asserted patents at the time of filing suit.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
New rules for the Trademark Trial and Appeal Board ("TTAB") go into effect on January 14, 2017, aiming to provide more efficiency and streamlining of inter partes...
Orrick
If you are a regular reader of TSW, you know we have been monitoring developments relating to the Defend Trade Secrets Act of 2016 (DTSA).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Supreme Court found that damages for infringing a design patent on features of a smartphone can be based on profits from the components with the infringed designs...
Smith Gambrell & Russell LLP
On December 9, 2016, Heritage filed suit alleging the digital art collection management service Collectrium, a subsidiary of Christie's, stole copyright protected images...
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In June 2016, the NHL announced that Las Vegas would be awarded an NHL franchise team, the first major professional sports team in the city and the first new expansion team for the NHL in over fifteen years.
Seyfarth Shaw LLP
Today marks just over a month since Donald Trump was elected as the next President of the United States.
Davis & Gilbert
In its first design patent case in over a century, the U.S. Supreme Court has redefined the meaning of an infringing "article of manufacture."
BakerHostetler
All rights to the copyrights in these valuable songs are vested with the music publisher.
Herrick, Feinstein LLP
To help you usher in 2017 in the right spirit, and foster apolitical conversation with family and friends, we offer these quirky trademark and copyright matters related to ubiquitous products...
Fox Rothschild LLP
One of the major benefits of the Digital Millennium Copyright Act is that website owners can gain the protection of the DMCA's safe harbor provisions by registering a DMCA agent with the U.S. Copyright Office.
Fenwick & West LLP
The Supreme Court deferred its decision on the parties' certiorari petitions in order to consider the Solicitor General's views.
Brooks Kushman
One challenge nearly all start-up businesses face is the selection and protection of trademarks – the brand names for their goods and services.
Miles & Stockbridge
In the craft beverage industry, often times, the brand name is just as important as the beverage recipe.
BakerHostetler
This time of year, people often seek extra work opportunities to make some spare cash. Job applicants flock to websites to find employment.
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