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Wolf, Greenfield & Sacks, P.C.
Here is an updated collection of Section 2(e)(3) cases. Of course, most of the decisions are not precedential, but even non-precedential decisions may be helpful in framing effective arguments...
Wolf, Greenfield & Sacks, P.C.
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three (3) oral hearings for the month of August 2021. The hearings will be held via video conference.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In a claim construction hearing in Panduit Corp. v. Corning Inc., No. 5:18-cv-00229 (E.D.N.C. July 2, 2021), the court denied plaintiff's request that the defendant be judicially estopped from arguing for a claim construction ...
Winston & Strawn LLP
The Federal Circuit clarified the plausibility standard under Iqbal/Twombly for patent infringement, providing examples of both plausible and implausible allegations.
Mintz
In Part II of this damages-focused series of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz IP attorneys Drew DeVoogd and Daniel Weinger join guest David Duski...
Mintz
In inter partes review (IPR) proceedings, the PTAB will often uphold the validity of dependent claims despite finding the independent claim invalid.
Winston & Strawn LLP
The asserted patent claimed a digital camera comprising, in relevant part: "a digital image processor . . . producing a resultant digital image from said first digital image enhanced with said second digital image."
Wilson Elser Moskowitz Edelman & Dicker LLP
The U.S. Court of Appeals for the Second Circuit, in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith and Lynn Goldsmith, Ltd...
Squire Patton Boggs LLP
A recent Federal Circuit decision has re-affirmed prior guidance on the pleading requirements for a plaintiff alleging patent infringement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
While the author of Market Mind Games: A Radical Psychology of Investing, Trading, and Risk may have hoped to obtain monetary damages, she will not be seeing billions.
Alston & Bird
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
Wolf, Greenfield & Sacks, P.C.
In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form)
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
There are many advantages to the PCT system. For example, an applicant may be able to fast-track examination procedures in the national phase in contracting states...
WilmerHale
The Court reversed the PTAB's obviousness determinations in two IPRs, concluding that the PTAB's "decision on obviousness is not supported by substantial evidence" and that the PTAB "erred in its analysis of objective indicia of nonobviousness."
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
United States trademark law provides for the protection of "trade dress"—the overall image and appearance of a product and its packaging
Wolf, Greenfield & Sacks, P.C.
The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020, dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design …
Sheppard Mullin Richter & Hampton
In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction.
Perkins Coie LLP
In two recent decisions in Amgen Inc. v. Sanofi, Aventisub LLC, the Federal Circuit has made clear that broad functional patent claims
Squire Patton Boggs LLP
On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent.
Maschoff Brennan
When it comes to the inventive process, collaboration brings its rewards and its headaches.
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