Mondaq USA: Intellectual Property
Davis & Gilbert
Two recent federal court decisions involving a company's unauthorized use of a photograph found online illustrate how courts evaluate the fair use defense to a claim that the company infringed the photographer's copyright.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Decision: Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc., 914 F.3d 1366 (Fed. Cir. 2019) (LOURIE, Bryson, Wallach)
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, No. 2017-2508 (Fed. Cir. July 3, 2019), the Federal Circuit
Oblon, McClelland, Maier & Neustadt, L.L.P
On July 16, 2019, the Patent Office published its 2019 Trial Practice Guide Update, a copy of which can be found here.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Background: Indivior UK Limited ("Patent Owner") owns U.S. Patent No. 9,687,454 B2 ("the '454 patent"). The '454 patent relates to "self-supporting film dosage forms
Wolf, Greenfield & Sacks, P.C.
An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB.
Wolf, Greenfield & Sacks, P.C.
Here's the scoop: In a 49-page opinion, the Board affirmed a trifusal (TM) of the mark SCOOP for "frozen confections and ice cream promoted and distributed by a mascot named SCOOP at product promotions and distributions ...
Pryor Cashman LLP
It plans to deploy up to $1 billion in capital over the next five years.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Decision: Dr. Reddy's Labs. S.A. v. Invidior UK Ltd., IPR2019-00329, Paper 21 (P.T.A.B. June 3, 2019)
Oblon, McClelland, Maier & Neustadt, L.L.P
The patents share the same specification in relevant parts.
Wolf, Greenfield & Sacks, P.C.
In an eight-page opinion, the CAFC upheld the Board's decision (here) affirming a Section 2(d) refusal to register the word+design mark shown below for various clothing items
Davis & Gilbert
What constitutes a "scandalous" trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act
Wolf, Greenfield & Sacks, P.C.
The Trademark Trial and Appeal Board (Tee-Tee-A-Bee) has scheduled seven (VII) oral hearings for the month of July 2019. The hearings will be held in the East Wing of the Madison Building
Davis & Gilbert
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In UCB Inc. v. Watson Laboratories, Inc., Nos. 2018-1397, -1453 (Fed. Cir. June 24, 2019), the Federal Circuit affirmed the district court's decision
Davis & Gilbert
Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial.
Pryor Cashman LLP
In so ruling, the Court held that the licensee of a rejected contract can continue to use the mark post-rejection.
Wolf, Greenfield & Sacks, P.C.
The Trademark Law and Practice Committee of the New York Intellectual Property Law Association (NYIPLA)
Ropes & Gray LLP
The Stronger Patents Act just wont go away. While the bill has been introduced several times over the years
Davis & Gilbert
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials.
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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 ...
Sheppard Mullin Richter & Hampton
The chances are high that your company uses open source software in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed.
BakerHostetler
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018.
Lewis Brisbois Bisgaard & Smith LLP
In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a "counterintuitive" reading of the American Invents Act (AIA).
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Before the American Invents Act, the U.S. had a "first-to-invent" patent system. That system included provisions for resolving disputes concerning who was the first to invent ...
Seyfarth Shaw LLP
Failure to do so will render the agreement voidable and unenforceable in the state of Oregon.
Seyfarth Shaw LLP
While it is well-settled law that an attorney cannot be bound by an agreement restricting the right to practice law
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.
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.
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