Searching Content indexed under Intellectual Property by Steptoe & Johnson LLP ordered by Published Date Descending.
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Supreme Court Limits Forum Shopping In TC Heartland
The Supreme Court has rejected a Federal Circuit rule that effectively allowed a patent owner to file suit anywhere a defendant does business.
United States
20 Jun 2017
AIA Post-Grant Proceedings: All Is Not Lost For Patent Owner After The First Written Decision In An IPR Favoring Petitioner
Although the first written decision by the Patent Trial and Appeals Board (PTAB) cancelled claims 10, 14, and 17 of US Patent No. 6,778,074 (the ’074 patent) and denied Patent Owner’s (Cuozzo’s) Motion to Amend Claims in its first written decision, the first inter partes review (IPR) was not a total loss for the patent owner.
United States
6 Jan 2014
AIA Post-Grant Proceedings: Parties Seeking Stay Of A District Court Case Pending An Ipr Should Be Prepared To Be Estopped Even If They Are Not The Party Who Filed The IPR Petition
A party seeking to stay a District Court litigation pending an inter partes review (IPR) that the party did not file should consider joining the IPR at the Patent Trial and Appeal Board (PTAB) or seek to limit any estoppel to art that was actually raised during the IPR.
United States
24 Dec 2013
The ITC Takes An Expansive Approach As To US Subcontracted Components Used In Foreign-Assembled Products For Purposes Of The Domestic Industry Analysis
In Certain Kinesiotherapy Devices and Components Thereof, Inv. No. 337-TA-823, the International Trade Commission (ITC) reaffirmed the principle that a complainant’s reliance on purchased U.S. components promotes manufacturing in the United States by the subcontractor as if the complainant itself were producing the components.
United States
23 Dec 2013
AIA Post-Grant Proceedings: Joint Motion To Terminate May Not Stop The Board From Proceeding To A Final Written Decision
Because the Board is not a party to a settlement agreement, parties seeking to terminate a post-grant proceeding pursuant to a settlement agreement should attempt to resolve the matter prior to completion of the briefing to avoid a final written decision from Patent Trial and Appeals Board (the Board).
United States
26 Nov 2013
AIA Post-Grant Proceedings: Reexamination Does Not Reset The One-Year Deadline For Filing An Inter Partes Review
In proceedings IPR2013-00315 and IPR2013-00316, both captioned BioDelivery Sciences Int’l, Inc. v. MonoSol Rx LLC, the Patent Trial and Appeals Board (PTAB) addressed the question of whether a reexamination certificate reset the one-year deadline for filing a petition for inter partes review (IPR) triggered by the filing of a complaint under 35 U.S.C. § 315(b).
United States
18 Nov 2013
AIA Post-Grant Proceedings: The PTAB Draws A Hard Line Limiting Oral Argument And Demonstratives At The Final Oral Hearing
With strict page limits in AIA post-grant proceedings making it difficult for parties to fully explain their arguments, parties are often required to economize their words.
United States
15 Nov 2013
AIA Post-Grant Proceedings: Uncertainty Regarding The Scope Of "Privy" And "Real Parties-In-Interest" In AIA Proceedings Remains
Parties, even tangentially, involved in patent litigation should be aware of recent developments in the Inter Partes Review (IPR) proceedings so that they are not adversely affected by the actions or inactions of others at the US Patent and Trademark Office (USPTO).
United States
9 Nov 2013
Impact Of Incomplete Notice Of Prior Art
The International Trade Commission (ITC) continues to be a popular venue for enforcing intellectual property rights through Section 337 investigations due, in part, to the fast pace at which the investigations are completed, with most lasting about 16 months.
United States
19 Jul 2013
Update On The New gTLD Trademark Clearinghouse "Strawman Solution"
With the first delegations of new generic top-level domains potentially just weeks away, organizations should be continuing to consider how to best protect their valuable trademarks and brands in the expanding Internet space.
United States
3 Apr 2013
Update On The New gTLD Objection Process
Following the submission of over 1,900 applications for new generic top-level domains (gTLDs) in 2012, ICANN has been proceeding with the new gTLD evaluation process.
United States
26 Mar 2013
Imminent Enforcement Deadlines In The New gTLD Program
A thousand or more new generic top-level domains (gTLDs) may become open for registration on the Internet beginning as early as mid-2013.
United States
5 Feb 2013
Imminent Enforcement Deadlines In The New gTLD Program
A thousand or more new generic top-level domains (gTLDs) may become open for registration on the Internet beginning as early as mid-2013.
United States
4 Feb 2013
Enforcement Issues In The New gTLD Program – Post-Toronto Update
As a result of the highly active application period for new generic top-level domains (gTLDs), a thousand or more new domain spaces may be available on the Internet beginning as early as mid-2013.
United States
12 Nov 2012
The Red Sole Survives – A Modified Louboutin Mark Is Upheld By The Second Circuit
That is part of what the Second Circuit Court of Appeals held yesterday in its long awaited decision in Christian Louboutin, S.A. et al v. Yves Saint Laurent America Holding, Inc. et al. (11 cv 3303).
United States
7 Sep 2012
The New gTLD Program - Post-Prague Update
Earlier in 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) conducted an application process for new generic top-level domains (gTLDs), which will allow, for the first time, organizations to customize their Internet addresses to the right of the "dot."
United States
1 Aug 2012
ICANN Announces Updated New gTLD Program Schedule
Following some delays in the application process, the window to apply for a new generic Top-Level Domain (gTLD) finally closed on Wednesday, May 30, 2012.
United States
11 Jun 2012
Fourth Circuit Breathes New Life Into Rosetta Stone Key-Word Advertising Suit
Does a search engine’s sale of your company’s brands to third parties as part of its key-word advertising program support a trademark infringement or dilution action?
United States
24 Apr 2012
OFAC Issues Guidance On Exports Of Personal Communications Services And Software To Iran
On March 20, 2012, the Treasury Department’s Office of Foreign Assets Control (OFAC) issued interpretive guidance and a new licensing policy regarding its rule authorizing the export to Iran of certain services and software incident to the exchange of personal communications over the Internet.
United States
4 Apr 2012
WIPO Releases Updated Information On New gTLD Legal Rights Objections
After much anticipation and preparation, the application period for the new generic top-level domain (gTLD) program opened on January 12, 2012 and will accept new entries until March 29, 2012 and remain open until April 12, 2012.
United States
22 Feb 2012
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