Mondaq USA: Intellectual Property
Morgan Lewis
The December 31, 2017 deadline for online service providers to reregister designated agents under the Digital Millennium Copyright Act (DMCA) in the US Copyright Office's new online directory is fast approaching.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In CRFD Research, Inc. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit reviewed three IPR decisions, each on the same patent, reversing the PTAB's finding in one of the three decisions.
Jones Day
On November 28, 2017, the PTAB issued a final written decision upholding the patentability of U.S. Patent No. 6,667,061 (IPR2016-01096).
Jones Day
The Commission has determined to review an initial determination finding that Respondent Ford is estopped under 35 U.S.C. § 315(e)(2) from asserting certain invalidity defences...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On Monday, November 27, 2017, the Supreme Court heard oral arguments in SAS Institute v. Matal.
Wolf, Greenfield & Sacks, P.C.
The Board affirmed a refusal to register the mark OLANA for jewelry and various clothing items on the ground that the drawing is not a "substantially exact representation of the mark" as it appears on the specimens of use.
Ropes & Gray LLP
As I have pointed out previously, the Board struggles to issue precedential decisions. This is because the Board (now approaching 300 judges) must reach a "sufficient majority" consensus...
Wolf, Greenfield & Sacks, P.C.
The Board granted a petition for cancellation of a registration for the mark TAO VODKA for "alcoholic beverages except beer" [VODKA disclaimed] on two grounds:
Womble Bond Dickinson
Womble Bond Dickinson's Atlanta office is hosting a Dec. 12 CLE event for in-house counsel, aimed at helping lawyers get the hours they need before the year-end deadline.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Congress created the quasi-judicial, fast-track inter partes review procedure to allow parties to challenge patent validity in a streamlined fashion.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
We first covered the Supreme Court's grant of certiorari in Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape, back in June.
Knobbe Martens Olson & Bear
On October 24, 2017, the PTAB designated as "informative" the following three decisions that discretionarily denied institution of IPR petitions under 35 U.S.C. § 325(d).
Wilson Elser Moskowitz Edelman & Dicker LLP
The way transportation and logistics providers conduct business will change for the better with advancing technology.
Wolf, Greenfield & Sacks, P.C.
Last week, the Supreme Court heard oral arguments in Oil States Energy Services v. Greene's Energy Group—a case that addresses whether inter partes review unconstitutionally usurps the federal courts' authority...
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark CROME for various hair care products, finding the mark confusingly similar to the registered mark CHROME GIRL for, inter alia, hair care products [GIRL disclaimed].
Seyfarth Shaw LLP
Throughout 2017, Seyfarth Shaw's dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today...
Wolf, Greenfield & Sacks, P.C.
The Board affirmed this Section 2(d) refusal to register CREPES BONAPARTE for "food truck services; mobile catering services" [CREPES disclaimed], finding it likely to cause confusion with the registered mark CAFÉ BONAPARTE & Design for "restaurant services" [CAFÉ disclaimed].
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Through November 15, 2017, the Federal Circuit decided 275 PTAB appeals from IPRs and CBMs.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Federal Register Notices published in 2017 by the United States Patent and Trademark Office can be found here.
Singh & Associates
Last December, the US Patent Office granted an inter partes review of the relevant patents, a decision that did not go down well with Allergan or its investors.
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Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, discusses potential impacts of pending Supreme Court PTAB cases...
Davis Brown Law Firm
Physicians are well-positioned to generate new inventions and thereby improve the treatment of their patients.
McDermott Will & Emery
DRK Photo is a stock photography agency that markets and licenses images created by others to publishing entities, including McGraw-Hill.
Butler Snow LLP
In an Initial Decision released on October 30th, Chief Administrative Law Judge D. Michael Chappell has upheld the Federal Trade Commission's complaint against 1-800 Contacts, Inc....
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
What is at issue in Oil States Energy Services LLC v. Greene's Energy Group LLC? The constitutionality of inter partes review proceedings.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Submitting an Abbreviated New Drug Application (ANDA) and subsequent prospective infringement can be sufficient to show an act of infringement under the venue statute.
Wolf, Greenfield & Sacks, P.C.
The Board affirmed this Section 2(d) refusal to register CREPES BONAPARTE for "food truck services; mobile catering services" [CREPES disclaimed], finding it likely to cause confusion with the registered mark CAFÉ BONAPARTE & Design for "restaurant services" [CAFÉ disclaimed].
Foley Hoag LLP
We used to have a Thanksgiving turkey tradition at the Trademark and Copyright Law Blog.
Reed Smith
Granny can't catch a break. In the food and beverage industry, "NANA"-formative trademarks are plentiful. However, the owner of several such marks has overstepped its bounds, asserts Nana Joe's LLC in its complaint filed earlier this month in the Eastern District of Texas.
Davis Brown Law Firm
In last week's post, we covered initial considerations for physicians considering patent protection
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