Mondaq USA: Intellectual Property
In Berkheimer v. HP Inc., the US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a district court's grant of summary judgment of patent ineligibility under 35 U.S.C. § 1011.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation financier...
Thompson Coburn LLP
Photographers were previously able to register an unlimited number of photographs in a single registration application, for the regular $55 fee.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Validity challenges in inter partes review and post-grant review at the Patent Trial and Appeal Board often rely on nonpatent literature publications that petitioners must show to be "prior art."
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Ever wonder what prior art electronic resources are available to US patent examiners? Here is a link to those resources.
Reed Smith
Copyright holders have an exclusive right to display images and other works.
Marshall, Gerstein & Borun LLP
The Federal Circuit, Supreme Court, and PTAB have been addressing a number of big issues in 2017 and 2018. Here are the cases you should know.
Norton Rose Fulbright Canada LLP
Nothing is what it seems, and according to a recent Federal Circuit opinion, details matter.
Reed Smith
Not since Mariah Carey claimed "I don't know her" about Jennifer Lopez has such supreme shade been thrown on public record.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Following the court's en banc decision that a contract manufacturing arrangement did not give rise to an on-sale bar, the Medicines Co. v. Hospira, Inc. appeal returned to the original Federal Circuit panel ...
Frankfurt Kurnit Klein & Selz
For over a decade, embedding, or "in-line linking," has widely been considered non-infringing.
Wolf, Greenfield & Sacks, P.C.
The Board granted Tyco Fire's motion for summary judgment, finding the product configuration marks shown below, for a "a heat fusible link for use in fire protection," to be functional under Section 2(e)(5).
Dickinson Wright PLLC
Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and expand.
Fenwick & West LLP
Do you remember obviousness before KSR v. Teleflex? To invalidate, the rule went, one must find an express rationale for combining references (a teaching, suggestion or motivation).
In a February 6, 2018, decision, a Federal Circuit panel reasoned that a pharmaceutical distribution agreement can qualify as an invalidating "offer for sale" ...
Pryor Cashman LLP
On March 2, 2018, Counsel William Thomashower will be a featured speaker at the 15th annual Howard Law School Institute for Intellectual Property and Social Justice (IIPSJ) CLE, to be held in Washington, D.C.
Jeffer Mangels Butler & Mitchell LLP
In this patent infringement case, Bal Seal Engineering, Inc. filed a joint stipulation pursuant to Local 37-2 moving to compel Defendant and Counterclaimant Nelson Products, Inc. ("NPI") to provide further responses to Bal Seal's Interrogatories.
Ropes & Gray LLP
With so much attention being paid to Oil States, it was easy to lose sight of many of the more noteworthy Patent Trial & Appeal Board (PTAB) related decisions of 2017.
Andrews Kurth Kenyon LLP
The Court also repeated the proposition from Berkheimer that "whether the claim elements or the claimed combination are well-understood, routine, conventional is a question of fact.
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Ruchelman PLLC
Change driven by development of intellectual property ("I.P.") is now a constant. Whether the I.P. user is a tax adviser accessing a digital library, an auto mechanic interfacing with an engine...
Morgan Lewis
Amgen paints a different picture as to the bad actor during the parties' negotiations pursuant to the Biologics Price Competition and Innovation Act.
Lewis Roca Rothgerber Christie LLP
If you're thirsty and of legal drinking age, you are likely within a stone's throw of being able to enjoy the cadre of remedial tonics offered at a craft brewery.
Foley Hoag LLP
If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue.
Jones Day
In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions.
Jones Day
One PRO petitioned a federal district court, asking the court to declare that its consent decree does not require full-work licensing.
Moritt, Hock & Hamroff LLP
The Federal Circuit continues to provide much needed guidance (and relief) in interpreting patent eligibility under 35 U.S.C. §101.
Withers LLP
The Olympics have the unique ability to catapult a relatively unknown name into global celebrity. With new celebrity comes opportunity and responsibility.
Proskauer Rose LLP
Imagine producing a classic Western without cowboys, saloons, or standoffs.
There are worse beats to serve on if you're a private eye.
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