Searching Content indexed under Intellectual Property by Fox Rothschild LLP ordered by Published Date Descending.
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Using Invention To Provide Service Prior To Patent Filing Can Trigger On-Sale Bar
Using an invention to provide a service before filing the patent application can trigger the on-sale bar to patentability, according to a recent decision from the U.S. Court of Appeals for the Federal Circuit.
United States
8 Jul 2019
Are You Using Your Trademark With ALL Of The Goods And Services Listed In Your Trademark Application?
On January 19, 2017, the USPTO published a final rule that would allow the USPTO to verify whether trademark holders are using a trademark with all of the goods and services listed...
United States
14 Feb 2017
O'Brien Hopes To Deliver Punchline In Stolen Jokes Lawsuit
Conan O'Brien is not joking around. The TBS comedian and late-night talk show host may have found the punchline to Alex Kaseberg's copyright infringement claim against O'Brien alleging that O'Brien stole five jokes Kaseberg originally published on Twitter in 2015.
United States
10 Feb 2017
Chief Judge Stark Adopts In Full Report And Recommendation Of U.S. Magistrate Judge Burke Granting Defendant's Motion To Dismiss In Part
By Memorandum Order entered by The Honorable Leonard P. Stark in Yodlee, Inc. v. Plaid Technologies Inc., the Court overruled the objections of both parties and adopted in full the Report and Recommendation previously entered . . .
United States
30 Jan 2017
Lifeproof: What's In A Word?
In this case, Seal Shield and Otter Products both claim rights to the same term—LIFEPROOF.
United States
30 Jan 2017
Con Artists Roll Out The Red Carpet To Trademark Owners
Registering your brand name as a trademark domestically or internationally can be a long, confusing process involving obscure governmental agencies requiring various fees at seemingly random intervals.
United States
25 Jan 2017
Chief Judge Stark Denies Motion to Stay in Kraft v. Heartland Infringement Action Pending Ruling on Venue by U.S. Supreme Court
By Memorandum Order entered by The Honorable Leonard P. Stark in Kraft Foods Group Brands LLC v. TC Heartland, LLC et al., Civil Action No. 14-28-LPS, the Court denied the Heartland defendants' motion to stay all case-dispositive matters in the patent infringement action
United States
21 Jan 2017
Judge Sleet Grants Defendants' Motion for Summary Judgment of Non-Infringement in Patent Action
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Quest Licensing Corp. v. Bloomberg L.P. et al., Civil Action No. 14-561-GMS (D.Del., January 19, 2017), the Court granted Defendants' Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,194,468 ("the ‘468 patent").
United States
21 Jan 2017
Anticipated Oral Argument Finally Heard
This morning, the United States Supreme Court heard the long-anticipated oral argument in the Lee v. Tam trademark dispute.
United States
20 Jan 2017
DOJ And FTC Release New Antitrust Guidelines For Licensing Of Intellectual Property
The new Guidelines include several updates that reflect changes in the law since the 1995 guidelines were issued.
United States
19 Jan 2017
DOJ And FTC Issue New Antitrust Guidelines For Licensing Of Intellectual Property
Updating policies that had been on the books for more than two decades, the U.S. Department of Justice and the Federal Trade Commission on Jan. 12, 2017, issued new Antitrust Guidelines...
United States
17 Jan 2017
Chief Judge Stark Grants Defendants' Motion For Partial Summary Judgment Of No Willful Infringement
The general take away is that, in order to make a showing of willful infringement, the patentee must prove, among other things, that the accused infringer acted with a specific intent...
United States
12 Jan 2017
How Long Does It Take For The USPTO To Issue A Patent Or Register A Trademark? (2016 Edition)
At the end of each fiscal year, the USPTO releases a Performance and Accountability Report, with statistics about patent and trademark allowance rates, average pendency, and other details.
United States
9 Jan 2017
Federal Circuit: Obviousness Requires A Clear And Explicit Explanation
The Federal Circuit recently vacated a Patent Trial and Appeals Board (PTAB) decision that found obvious several claims of a patent application relating to methods for re-configuring icons...
United States
4 Jan 2017
Revitalized Interest in Patent Reviews and Opinions of Counsel
The authors discuss how recent case law has affected decisions on whether to seek opinions of patent counsel.
United States
29 Dec 2016
Judge Robinson Grants Takeda's Motion To Alter Or Amend Judgment And Resurrects Previously Dismissed Patent Infringement Action
By Memorandum Order entered by The Honorable Sue L. Robinson in Takeda Pharmaceuticals U.S.A., Inc. v. West-Ward Pharmaceutical Corp., the Court granted plaintiff Takeda Pharmaceuticals U.S.A., Inc.'s motion . . .
United States
20 Dec 2016
Are You Prepared? Major Changes Coming To U.S. Copyright Database
One of the major benefits of the Digital Millennium Copyright Act is that website owners can gain the protection of the DMCA's safe harbor provisions by registering a DMCA agent with the U.S. Copyright Office.
United States
19 Dec 2016
Who Should Be Listed As Inventors In A Patent Application?
This is a question that all patent applicants must answer before filing a patent application.
United States
15 Dec 2016
The First Amendment And Trademark Licensing At Public Universities: NORML Rules Apply
Next week (12/14/2016), in a marble tiled courtroom in frosty St. Paul, Minnesota, a panel of judges of the Eighth Circuit Court of Appeals will wrestle with a question that is both as new as the campaign to legalize marijuana and as old as the First Amendment: ..
United States
10 Dec 2016
What Happens In Vegas Stays In…Albany, NY? Trademark Office Rejects New NHL Team's Nickname As A Trademark
The newest NHL franchise, set to debut in Las Vegas next year, might be considering other names for the team after the United States Patent and Trademark Office (USPTO) rejected the hockey team's proposed trademark, "VEGAS GOLDEN KNIGHTS".
United States
10 Dec 2016
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