Mondaq USA: Intellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On February 23, 2017, in a non-precedential opinion, the TTAB affirmed a PTO refusal of Republic National LLC's service mark based upon the failure of its specimen to demonstrate use...
Jones Day
The United States Patent and Trademark Office may now issue post-registration Office actions requiring evidence of use on multiple goods or services for Section 8 and 71 trademark renewal affidavits.
Jones Day
The Supreme Court, by a 7–1 margin, held that the equitable doctrine of laches cannot override Congress's six-year lookback period.
Jones Day
In a precedential opinion dated March 14, 2017, the Federal Circuit reversed the PTAB, holding that in finding a claim anticipated under 35 USC § 102, the Board cannot "fill in missing limitations"...
Akin Gump Strauss Hauer & Feld LLP
The decision follows the Court's recent opinion in Petrella v. Metro-Goldwyn-Mayer that similarly eliminated the laches defense in copyright infringement cases.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On March 3, 2017, the United States Court of Appeals for the Federal Circuit reaffirmed, in a precedential opinion, that prosecution disclaimers may only limit the scope of a claim...
Scott & Scott LLP
The following are a few key considerations to negotiate during any corporate transaction.
A recent law review article discusses reissue as a potential cure for patentees who have had their claims invalidated by a court or the Patent Trial and Appeals Board (PTAB).
Unquestionably, the narrower a patent's claims, the more likely they are to pass muster under 35 U.S.C. § 101
Foley & Lardner
The cases were scheduled for trial on February 13, 2017, but the trial was postponed after defendants questioned Janssen's standing.
Ropes & Gray LLP
On March 21, 2017, in SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned long-standing Federal Circuit law regarding the defense of laches, holding that laches is not a defense to damages for patent infringement.
Lewis Roca Rothgerber Christie LLP
In a trademark infringement action involving the mark DJ LOGIC for music produced using turntables and vocals, the Sixth Circuit explored evidence of social media promotion submitted by the plaintiff to support the commercial strength of his mark.
Ropes & Gray LLP
What impact could the pending Supreme Court argument and decision in TC Heartland v. Kraft have on patent infringement litigation in the United States?
Foley Hoag LLP
En route to Paris for the spring conference of the Pharmaceutical Trade Marks Group, I am contemplating trying to pay a visit to the PARIS BEACH CLUB.
Brinks Gilson & Lione
Everyone in the IP community wonders if President Donald Trump will create a new order in the IP field much the same way he has approached other areas of the government.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On January 23, 2017, the TTAB dismissed Luxco, Inc.'s opposition to the registration of TEQUILA as a certification mark.
Shearman & Sterling LLP
On January 9, 2017, in Samsung Elecs. Co. v. Apple Inc., the Supreme Court unanimously held that, under Section 289 of the patent statute governing design patent infringement damages...
Shearman & Sterling LLP
In the August 2016 issue of our Intellectual Property newsletter, we published a summary of the parties' arguments in Life Techs. Corp. v. Promega Corp.
Shearman & Sterling LLP
In the November 2016 issue of our Intellectual Property newsletter we published a commentary on TC Heartland's petition for certiorari, in which we suggested that TC Heartland raised enough...
Shearman & Sterling LLP
As post-grant patent challenges under the AIA have become more popular, the Federal Circuit's docket has changed dramatically.
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The plaintiff alleged that the defendants had improperly used technical drawings by its former employee to manufacture a valve "strikingly similar" to the plaintiff's valves.
Miles & Stockbridge
We are all familiar with the use of offshore intellectual property holding companies to capitalize on international tax gradients.
Fenwick & West LLP
2017 promises to be an exciting year for copyright law. Here are some of the most cutting-edge cases to keep on your radar.
Foley Hoag LLP
It's that time of the year again when New York City becomes the most fashionable place on the planet.
Khurana and Khurana
In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. Vs. Eli Lilly & Co. decided by United States Court of Appeals...
Mayer Brown
The question of whether a sequence of exercises, such as yoga poses or dance moves, can be copyrighted has occupied the attention of international courts, scholars and copyright offices for some time.
Lewis Roca Rothgerber Christie LLP
YETI®, a well-known manufacturer of high-quality coolers and insulated tumblers, recently settled several lawsuits against cooler competitor RTIC involving allegations of trade dress infringement, patent infringement and ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Excess claim fees are not new and are used in many patent offices worldwide. For example, the European Patent Office varies their claim fees for the 16th to the 50th claim and then, again for the 51st and each subsequent claim.
McDermott Will & Emery
Microsoft filed an IPR petition with respect to a patent directed to providing a real-time preview of the impact of user commands on a document being edited.
The name "Cindy-Lou Who" likely invokes thoughts of the holiday season and Dr. Seuss's beloved How the Grinch Stole Christmas ("Grinch"), which reminds us that the holidays are not all about toys and trinkets.
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