Mondaq USA: Intellectual Property
Wolf, Greenfield & Sacks, P.C.
Here's a 2017 ruling that slipped under the TTABLog radar. In this precedential order, the Board denied an FRCP 12(c) motion for judgment on the pleadings, directed at applicant's counterclaims...
Marshall, Gerstein & Borun LLP
In Wi-Fi One, LLC v. Broadcom Corporation, an en banc panel of the Federal Circuit decided on January 8, 2018, that the PTAB's application of the 35 U.S.C § 315(b) ...
Womble Bond Dickinson
For nearly seven years, Radio World has turned to Womble Bond Dickinson's Bill Ragland to provide insight on the long-running MAD/DigiMedia patent infringement case.
McDermott Will & Emery
On appeal, the Fifth Circuit examined whether Wilford waived the preemption argument by failing to plead the affirmative defense.
McDermott Will & Emery
Later in 2016, the Trading Post filed a complaint in district court, challenging the Chamber's trademark.
McDermott Will & Emery
To fail the second prong of the Rogers test, the creator must explicitly mislead consumers.
Proskauer Rose LLP
Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB's determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable.
Jones Day
Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
PTAB Decision: Ex parte McAward, Appeal No. 2015-006416 (PTAB, August 25, 2017 Background: The Office rejected claims to a "water leakage detector" under 35 U.S.C. § 112, second paragraph, as indefinite.
Shearman & Sterling LLP
Since the founding of our republic, the right to trial before an independent judge and an impartial jury has been fundamental.
Stites & Harbison PLLC
We are two weeks into 2018. Have you kept your new year's resolutions so far? If you are like me, you have good intentions, but that may be all you have.
Foley Hoag LLP
January 15 is Martin Luther King, Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister.
Morgan Lewis
The Federal Circuit recently reversed course and expanded judicial review of PTAB institution decisions to include time-bar determinations...
WilmerHale
International arbitration provides, in theory, an attractive alternative to litigation for resolving cross-border intellectual property ("IP") disputes.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark shown below left, finding it likely to cause confusion with the mark shown below right, both for cigars. On appeal, applicant argued that the customers for its "high-end" cigars are sophisticated and selective, and furthermore that four third-party registrations for marks containing the letter "P" demonstrate that the cited mark is weak.
Foley & Lardner
In a recent article published by Bloomberg, we are once again reminded of the litigious nature of some of Silicon Valley's biggest players.
McDermott Will & Emery
In November 2017, the Patent Trial and Appeal Board issued Standard Operating Procedure 9, explaining the procedures it will use to address remands from the US Court of Appeals for the Federal Circuit.
McDermott Will & Emery
Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The USPTO dossier content is now available in PATENTSCOPE in the "documents" table of each international application.
Smith Gambrell & Russell LLP
For years, the U.S. District Courts for the Eastern District of Texas and the District of Delaware have seen the most patent infringement cases filed by far over the several other courts spread throughout the United States.
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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.
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...
RPX Corporation
F2VS Technologies, Inc. has added two cases to the campaign that it began this past June, suing Acuity Brands (Acuity Brands Lighting) (1:17-cv-04774) and Daintree Networks (1:17-cv-01713).
Ropes & Gray LLP
Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights.
RPX Corporation
Computer Protection IP, LLC (CPIP) has filed its first affirmative lawsuit, accusing New Dream Network (DreamHost) (2:17-cv-08858) of infringing a single server security patent.
RPX Corporation
A patent infringement suit brought against Google by Personal Audio, LLC has been transferred from the Eastern District of Texas (1:15-cv-00350) to the District of Delaware (1:17-cv-01751) due to improper venue.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Succeeding in obtaining a ruling in an inter partes review petition at the Patent Trial and Appeal Board that issued patent claims are unpatentable, may not be enough to modify ...
Arnold & Porter Kaye Scholer LLP
The Court nonetheless reversed the refusal to register "FUCT."
Akin Gump Strauss Hauer & Feld LLP
The Federal Circuit held that the "immoral or scandalous" clause of Lanham Act § 2(a), which prohibits registration of a trademark that "consists of or comprises immoral or scandalous matter," ...
Carlson, Caspers, Vandenburgh, Lindquist & Schuman, P.A.
Recently, the Federal Circuit reversed a jury decision upholding the validity of two Amgen patents directed to a large genus of antibodies that reduce LDL cholesterol.
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