Mondaq USA: Intellectual Property
Lewis Roca Rothgerber Christie LLP
YETIฎ, 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 ...
Orrick
Patent litigants in the Northern District of California will have something new to argue over following the Court's approval in January of Patent Local Rule amendments that impose damages-related...
Fenwick & West LLP
The U.S. Supreme Court denied a petition for writ of certiorari in Sino Legend (Zhangjiagang) Chemical Co. Ltd. v. International Trade Commission & SI Group, Inc., thereby rejecting an attempted challenge...
Fenwick & West LLP
After the Patent Trial and Appeal Board found claims of ImmunoGen Inc.'s U.S. Patent No. 8,337,856 nonobvious, non-practicing entity Phigenix, Inc. appea​led to the U.S. Court of Appeals...
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.
Fenwick & West LLP
On January 18, 2017, the U.S. Supreme Court heard argument in Lee v. Tam, a closely watched case that pits the Lanham Act against the First Amendment.
Fenwick & West LLP
Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat.
Miles & Stockbridge
Senator Charles Schumer (D-NY) has frequently been quoted by the Patent Trial and Appeal Board when instituting a Covered Business Method review.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In a post entitled "Protests: Are Those Still Around?", a summary of protest filings are provided. In this follow-on post, a comparison between preissuance submission and protests is graphically illustrated.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On Tuesday, December 6, 2017, the United States Supreme Court issued its first opinion in a design patent case in more than 120 years.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The WIPO (World Intellectual Property Organization) unveiled a new "artificial intelligence"-based translational tool for patent documents called WIPO Translate.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
At the end of October of 2016, the USPTO solicited public feedback as the Office embarked on reevaluating its examination time goals.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In the wake of third-party or pre-issuance submissions with the enactment and implementation of AIA, protests often get overlooked. But, a protest submission is still a filing option.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Patent examiners have applied law to facts for as long as there has been patent examination. Written description, enablement, anticipation, obviousness, and patent-eligibility are just some of the issues that arise during examination and have legal requirements.
Foley & Lardner
In the latest dispute surrounding the "patent dance" provisions of the Biologics Price Competition and Innovation Act (BPCIA), Genentech, Inc. has filed a complaint against Amgen, Inc.
Foley & Lardner
Apple successfully invalidated three patents for failure to recite patent eligible subject matter.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In this appeal arising from the N.D. Cal., the Federal Circuit is tasked with deciding whether Octane Fitness effectively overturned Shum v. Intel Corp.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Federal Circuit will determine whether collateral estoppel can bar a party from asserting an infringement claim when, in previous litigation, a patent in the same family and covering the same product was held invalid.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Tinnus Enterprises, LLC v. Telebrands Corp., No. 16-1410 (Fed. Cir. Jan. 24, 2017), the Federal Circuit affirmed the district court's grant of a preliminary injunction, finding no clear error in that decision.
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.
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WilmerHale
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.
Jones Day
The U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit wrestled with a number of important issues of patent law in 2016, including in three Supreme Court opinions...
Jones Day
In the new IP Licensing Guidelines, the antitrust agencies do not propose significant changes to their enforcement approach with respect to IP licensing.
Orrick
Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Why are patents the single-most valuable asset for some companies, yet for others just a waste of money? Most often, the difference is driven by two distinct activities:
Jones Day
In order to better protect such licensees, Congress amended the Bankruptcy Code in 1988 to add section 365(n).
Hughes Hubbard & Reed LLP
With the increasing appropriation of street art several of questions have arisen but are still unresolved by courts: Do street artists have copyright in their work?
Seyfarth Shaw LLP
Strong intellectual property is the cornerstone of most start-up companies, and in most cases it is the key asset utilized by companies in securing financing and investment.
BakerHostetler
Patent owners will applaud the Federal Circuit's latest pronouncement on divided infringement, inducement of infringement...
Sedgwick LLP
Chanel, a billion-dollar fashion company that produces and sells luxury consumer products, identifies its products by the "Chanel" trademark and the "CC Monogram" trademark, which consists of two interlocking...
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