Mondaq USA: Intellectual Property
Foley & Lardner
3D printing offers great promise for innovation and manufacturing, but this tool has expanded the scope of patented products that can be easily and cheaply copied, and may make it harder to identify and prosecute infringers.
Foley & Lardner
Yesterday, the CAFC held in In re Magnum Oil Tools International (Newman, O'Malley & Chen) that the burden of production to show unobviousness does not shift to a patent owner based upon the Board's institution decision.
Proskauer Rose LLP
The District of Massachusetts court referred the motion to dismiss to Magistrate Hennessy, who recommended denying the motion to dismiss.
Jones Day
On July 20, 2016, the U.S. International Trade Commission issued a Notice in Certain Three-Dimensional Cinema Systems and Components Thereof, clarifying the effect of inter partes review proceedings on Section 337 investigations.
McDermott Will & Emery
Allied owns a patent directed to an interchangeable tool system that includes a jaw set couplable to a universal body.
McDermott Will & Emery
ComplementSoft brought suit against SAS for infringement of a patent relating to an integrated development environment.
McDermott Will & Emery
Genzyme sued Biomarin alleging infringement of two patents directed to treating Pompe disease with injections of human acid α-glucosidase.
Fox Rothschild LLP
Owners of medical marijuana dispensaries cannot obtain federal trademark protection on marks used in connection with marijuana sales — even if their home state's laws have legalized marijuana businesses ...
McDermott Will & Emery
The court found Defendants' argument that the Settlement Agreement was not a reverse payment unavailing.
Brinks Gilson & Lione
The Federal Circuit recently dismissed a patent owner's appeal seeking to modify the claim construction applied by the Patent Trial and Appeal Board (PTAB) in an inter partes reexamination proceeding.
Thompson Coburn LLP
Copyright compliance seems to be a particular bugaboo in the political field.
Thompson Coburn LLP
The DTSA allows trade secret holders who sue for trade secret misappropriation to collect both attorneys' fees as well as exemplary damages.
McDermott Will & Emery
Plaintiffs Helsinn Healthcare, Eisai, Inc. and Roche sued Hospira and its subsidiary Hospira Worldwide (Worldwide) alleging infringement of several Orange-book listed patents for Aloxi®...
Foley Hoag LLP
On July 5, 2016, the European General Court rendered an interesting decision illustrating the broad protection enjoyed by those trademarks with "a reputation in the EU." The full text of the decision is available in English here and in French here.
McDermott Will & Emery
Addressing the issue of subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court's finding that the limitations of the challenged claims, when considered as an ordered combination, lacked an inventive concept under step two of the Supreme Court of the United States' Alice test.
McDermott Will & Emery
In a case remanded by the Supreme Court of the United States "for further consideration in light of Commil", the US Court of Appeals for the Federal Circuit reinstated its prior decision of indirect infringement in all respects.
McDermott Will & Emery
The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision barring judicial review of most decisions regarding institution of IPR by the US PTO.
Reed Smith
The Federal Circuit previously clarified that a petitioner's burden to prove unpatentability never shifts to the patent owner.
Cadwalader, Wickersham & Taft LLP
The Halo Electronics decision expressly overruled a 2007 Federal Circuit case, In re Seagate Technologies, which had used a two-part test to determine whether the defendant willfully infringed.
Stites & Harbison PLLC
Genericide: a word that strikes terror in the hearts of any trademark owner or brand manager. What exactly is genericide? It's the trademark equivalent of homicide.
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Foley Hoag LLP
A few hours ago, citizens of the United Kingdom voted in favor of leaving the European Union.
Mayer Brown
On 23 June 2016, a US federal jury concluded that Led Zeppelin's Jimmy Page and Robert Plant did not copy the opening guitar riff in "Stairway to Heaven" from the song "Taurus," an earlier tune by US rock band Spirit.
Foley Hoag LLP
Let's face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it.
Morrison & Foerster LLP
Subject matter eligibility is governed by 35 U.S.C. §101 and extends patent protection to "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
Schnader Harrison Segal & Lewis LLP
The European Patent is not derived from the EU regime, and the treatment of European Patents in the UK will not be affected.
Miles & Stockbridge
The United States Patent and Trademark Office "USPTO" is launching the "Patents 4 Patients" initiative, which will provide an accelerated review for methods of cancer treatments.
Mayer Brown
The fifty-sixth international meeting of the Internet Corporation for Assigned Names and Numbers ("ICANN") commences in earnest on Sunday, June 26, 2016, in Helsinki, Finland.
Holland & Knight
Although the UK vote to leave the EU will ultimately impact IP rights in both territories, the UK remains a member of the EU until the exit terms are formalized...
Miles & Stockbridge
An essential first step to performing an IP audit is to first obtain a panoramic snapshot of a company's products, services and positioning.
Cadwalader, Wickersham & Taft LLP
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act ("DTSA"), marking one of largest changes to intellectual property law since the America Invents Act of 2011.
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