Mondaq USA: Intellectual Property
Foley & Lardner
On June 10, 2019, the U.S. Supreme Court held that the U.S. government cannot challenge the validity of a U.S. patent in any AIA review proceeding.
Jones Day
In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion.
Jones Day
The Board has broad discretion to determine how much weight should be given to inventor testimony, but as long as the testimony does not relate to the inventor's opinion about the meaning of a claim term, ...
Jones Day
In TicketNetwork, however, not only were the claims different, but the prior art grounds were also different.
Ropes & Gray LLP
There have been a number of developments in the courts, at the USPTO, and on the legislative side over the past few months.
Orrick
Oregon recently enacted HB2992, further limiting its already restrictive non-compete law, which will apply to any agreements entered on or after January 1, 2020
Smith Gambrell & Russell LLP
In 1990, Congress passed the Copyright Remedy Clarification Act ("CRCA"), and in 1992 passed the Trademark Remedy Clarification Act ("TRCA") and the Patent and Plant Variety Protection Remedy Clarification Act.
Seyfarth Shaw LLP
Even before the California Supreme Court decided Edwards in 2008, employers knew all too well the woes of attempting to enforce non-competes against California employees.
Ropes & Gray LLP
With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101),
Ropes & Gray LLP
As new devices become wirelessly connected, the importance of fairly licensing cellular standard essential patents (SEPs) has become increasingly important.
Akin Gump Strauss Hauer & Feld LLP
The Patent Trial and Appeal Board has denied a Petitioner's request for institution of inter partes review (IPR) of claims that were added during ex parte reexamination because it found the IPR petitions were time-barred under § 315(b).
Hogan Lovells
In Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court held that a debtor's rejection of a trademark license does not eliminate the licensee's
Oblon, McClelland, Maier & Neustadt, L.L.P
As discussed in the briefs courts should properly weigh the evidence of commercial success as well as other evidence.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In June 2017, the Supreme Court handed down its decision in Sandoz v. Amgen—the first lawsuit brought under the Biologics Price Competition and Innovation Act (BPCIA).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Patents Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries
Frankfurt Kurnit Klein & Selz
Is the term CAPSULE descriptive of cellphone cases? Based on a recent decision in Uncommon, LLC v. Spigen, Inc., the Seventh Circuit certainly thinks so.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Supplemental Examination is a tool created by the America Invents Act ("AIA") that, according to the legislative history
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Quest Integrity USA, LLC v. Cokebusters USA Inc., No. 2017-2423 (Fed. Cir. May 21, 2019), the Federal Circuit affirmed the district court's grant of summary judgement invalidating three claims
Duane Morris LLP
New legislation enacted in May 2019 will make noncompetes harder to enforce in Washington state and Oregon.
Foley & Lardner
The PTAB helpfully provides statistical data on the outcomes of AIA post-grant proceedings, including IPRs, CBMs, and PGRs. Current and historical statistics are available here.
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Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Cooley LLP
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the DoJ and FTC ...
BakerHostetler
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018.
Oblon, McClelland, Maier & Neustadt, L.L.P
A recent Delaware decision highlights the need for a realistic pre-suit assessment of patent eligibility. Stephen McBride and Michael West explain.
Lewis Brisbois Bisgaard & Smith LLP
As noted in our May 10 client alert, Washington has now joined several other states that have recently amended their non-compete statutes to provide more protections for employees.
Lewis Brisbois Bisgaard & Smith LLP
On April 2, 2019, in the middle of its inaugural season, the nascent Alliance of American Football (AAF) ceased all operations.
Wolf, Greenfield & Sacks, P.C.
At Tuesday's "Trademark Office Comes to California" session, Judge Susan Hightower provided the attendees ...
Reed Smith
As we discussed in our "breaking news" post, the Supreme Court's decision in Merck Sharp & Dohme Corp. v. Albrecht, ___ S. Ct. ___, 2019 WL 2166393 (U.S. May 20, 2019) ("Albrecht") ...
Oblon, McClelland, Maier & Neustadt, L.L.P
Oracle's decade-long copyright infringement suit against Google may be heading to the Supreme Court.
Frankfurt Kurnit Klein & Selz
Vermont's new Data Broker Regulation ("Regulation") takes effect on January 1, 2019.
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