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McLane Middleton, Professional Association
In recent years, the U.S. Patent and Trademark Office ("USPTO") has seen a substantial increase in the number of trademark applications and registration maintenance filings with fraudulent or inaccurate claims of use in commerce.
Proskauer Rose LLP
According to the Federal Circuit, twenty-two communications with a party over the course of three months may be enough to force a defendant to defend itself in the state where the party is located.
Taft Stettinius & Hollister
A trade secret case involving pharmaceutical technology has finally moved past the pleading stage after four iterations of the complaint and an appeal...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Chandler v. Phoenix Services LLC, No. 2020-1848 (Fed. Cir. June 10, 2021), the Federal Circuit transferred the case to the United States Court of Appeals for the Fifth Circuit finding that it lacked jurisdiction.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Individuals can anonymously nominate any routine decision of the PTAB or Board for designation as precedential or informative.
HYATT v. HIRSCHFELD [OPINION] (2018-2390, 2018-2391, 2018-2392, 2019-1038, 2019-1039, 2019-1049, 2019-1070, 06/01/2021) (Reyna, Wallach, Hughes)
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
With nearly a decade of proceedings behind it, the Patent Trial and Appeal Board (PTAB) has established a record. Medtech companies can learn from it.
Oyen Wiggs Green & Mutala LLP
The United States Patent and Trademark Office (USPTO) officially issued U.S. patent number 11 million, reaching an important milestone in American innovation and ingenuity.
McLane Middleton, Professional Association
In late April, fashion brand Marc Jacobs and The Ohio State University (OSU) called a truce in their battle over the trademark "THE." Marc Jacobs filed an intent-to-use (ITU) application...
Winston & Strawn LLP
The Board granted rehearing of its previous institution denial. Petitioner had asserted that a reference antedated the filing date of the challenged patent and that none of the potential priority...
Wolf, Greenfield & Sacks, P.C.
This applicant found itself in a pickle after the USPTO refused to register the proposed mark PICKLESHOT for "alcoholic beverages...
Oblon, McClelland, Maier & Neustadt, L.L.P
On June 3, 2021, the ITC released the public version (see Part I, Part II, Part III, Part IV) of the final initial determination ("ID") issued by ALJ Clark S. Cheney finding a violation of section 337...
In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, patent attorney Lily Zhang talks with trademark attorney Karen Won about the age-old choice between adopting...
The Bayh Dole Act was enacted to provide incentives to promote commercialization of federally funded inventions and was designed to capitalize on the significant government investments in small business, university research, and other non-profit institutions.
US Patent Trial and Appeal Board (PTAB) institution denials for inter partes review ("IPR") and other post-grant review petitions have steadily risen from 13 percent in 2012 to 44 percent in 2020.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Speedtrack, Inc. v., Inc., Nos. 2020-1573, 2020-1660 (Fed. Cir. June 3, 2021), the Federal Circuit affirmed the District Court for the Northern District of California's final judgment of noninfringement based on claim construction.
Pavia & Harcourt
A recent decision by the Sixth Circuit addresses an often hazy aspect of the "right of publicity": the issue of whether a publicity claim is preempted by copyright law.
Taft Stettinius & Hollister
For a patent owner wishing to stop infringement, there have historically been two options in reaching out to an infringer in another state.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A patent drafter's selection of even the smallest of words, like "a," may have a significant impact on how a claim is construed.
Jones Day
On May 28, the Federal Circuit reversed a PTAB inter partes review ("IPR") decision that held Baxter Corporation Englewood's ("Baxter's") claims were not invalid under 35 U.S.C. § 103(a) obviousness...
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