Mondaq USA: Intellectual Property
Marshall, Gerstein & Borun LLP
If a Petitioner does not timely file the required petition fee, an IPR will not be instituted.
Fenwick & West LLP
As we mark the fifth anniversary of the effective date of Patent Trial and Appeal Board trials on September 16...
BakerHostetler
FTC alleges company offered bogus promotion and protection services to hopeful inventors...
Morgan Lewis
The Saint Regis Mohawk Tribe (the Tribe) in New York viewed these decisions as a business opportunity. Assuming its tribal government sovereign immunity would bar exposure to any IPR proceeding...
Womble Carlyle
Many patent practitioners have experienced the benefits of examiner interviews in achieving compact patent prosecution.
Womble Carlyle
While the concept of "fake news" continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale.
Proskauer Rose LLP
In a recent patent infringement case relating to a method for diagnosing a neuro-muscular disorder, Judge Indira Talwani in the District of Massachusetts found the asserted patent claims to be patent ineligible...
Foley Hoag LLP
Last November, we wrote about the Copyright Office's decision to ditch its paper registration system for the Digital Millennium Copyright Act ("DMCA") safe harbor and start a new online system...
K&L Gates
In AIA America, Inc. v. Avid Radiopharmaceuticals, the Federal Circuit considered whether the Seventh Amendment provides the right to a jury trial to determine entitlement to attorneys' fees.
Haug Partners
Most commentators would likely conclude that tattoos are eligible for copyright protection under the Copyright Act.
Kramer Levin Naftalis & Frankel LLP
"Deep Dive: Does the PTO's Inter Partes Review Violate the Constitution?," an article by Intellectual Property partner Mark A. Baghdassarian, and associates John P. Dillon and Matthew W. Olinzock...
Wolf, Greenfield & Sacks, P.C.
In a case of first impression, the TTAB ruled that a licensee cannot establish priority based on use of the subject mark by her licensor.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Supreme Court's recent ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514, 122 U.S.P.Q.2d 1553 (2017)...
Wolf, Greenfield & Sacks, P.C.
In May 2015, the CAFC (opinion here) vacated the TTAB's decision (here) finding the term PRETZEL CRISPS to be generic for "pretzel crackers," and it remanded the case to the Board for application...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
TC Heartland will profoundly affect patent litigation.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On July 14, 2017, the Eastern District of Kentucky found that the use of trademarked words to describe a property's history is not trademark use.
Akin Gump Strauss Hauer & Feld LLP
In Broad-Ocean Technologies, Inc. v. Regal Beloit America, Inc., No. IPR2017-00802 (PTAB Aug. 22, 2017), Broad-Ocean sought to institute an inter partes review (IPR) of a patent owned by Regal Beloit.
Pryor Cashman LLP
Tidal Music AS, the music streaming service, scored a victory before the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) earlier this week in an action...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On August 14, 2017, the Southern District of New York determined that Costco Wholesale Corp. owed Tiffany and Co. over $19 million in damages for trademark infringement.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the product configuration mark shown below left, for "barbeque grills," finding the design confusingly similar to the registered mark shown below right, for "outdoor cooking grills."
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Lewis Roca Rothgerber Christie LLP
In the trademark sense, is Lady Gaga famous for clothing? That is a question the Trademark Trial and Appeal Board sought to answer in the trademark opposition of Ate My Heart, Inc. v. Ga Ga Jeans Limited.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A patent gives a temporary monopoly right for an invention. The trade off? That invention must be publicly disclosed, as well as at a cost to secure and maintain patent protection in each country required.
Frankfurt Kurnit Klein & Selz
Here's a summary of what the scams look like and what you should do about them.
Davis & Gilbert
Recent Supreme Court decisions will likely curb actions by non-practising entities, say Marc J Rachman, and Devin A Kothari.
Klein Moynihan Turco LLP
In a potentially groundbreaking decision, a U.S. District Court recently overruled the U.S. Patent and Trademark Office ("USPTO") and ordered the USPTO to register BOOKING.COM as a trademark.
Warner Norcross & Judd LLP
The facts, as alleged by Waymo, are fairly juicy and they implicate a plethora of legal issues beyond just trade secret misappropriation.
Ogletree, Deakins, Nash, Smoak & Stewart
Restaurant fortunes are often attributable to just one or two signature dishes, and recipe ownership dilemmas can arise in restaurants of all sizes.
Lewis Roca Rothgerber Christie LLP
It is extremely difficult to secure trademark rights to a single color. Success stories are few and far between.
Lewis Roca Rothgerber Christie LLP
"Copying is rampant in the fashion industry!" the headlines read. And, so what? Is copying allowed, and if not, what are the consequences of infringement of protected works?
McDermott Will & Emery
After the district court determined that Omnia did not infringe Stone Creek's trademark, Stone Creek appealed.
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