Mondaq USA: Intellectual Property
Jones Day
In late 2016, an Interpretive Notice by the European Commission stated that products produced by essentially biological processes should not be patentable.
Miles & Stockbridge
It is rare, but there are times where one will file a European Application (EA) and then change their mind due to business considerations.
Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition.
Seyfarth Shaw LLP
The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not "prevent a person from entering into an employment relationship," and that any conditions ...
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark IVE for "protective work gloves," finding it likely to cause confusion with the registered mark EB & IVE for various clothing items.
Smith Gambrell & Russell LLP
On June 26, 2017, the U.S. Patent and Trademark Office (USPTO) issued Examination Guide 1-17 to address the Supreme Court's decision Matal v. Tam, 582 U.S. ___ (2017), which held that the disparagement...
Fenwick & West LLP
The U.S. Court of Appeals for the Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a "reverse confusion" theory in Marketquest Group v. BIC, Case No. 15-55755.
Foley & Lardner
In late June, Senators Coons, Cotton, Durbin, and Hirono introduced the STRONGER Patents Act of 2017.
Foley & Lardner
Patent challengers have heavily relied on inter partes review (IPR) ever since its inception under the America Invents Act (AIA).
Foley & Lardner
The U.S. Supreme Court rendered its first interpretations of the biosimilar patent dispute resolution procedures of the Biologics Price Competition and Innovation Act (BPCIA), ruling ...
Foley & Lardner
In TC Heartland, the Supreme Court held that its 1957 decision in Fourco was still good law that limited the definition of "residence" under 28 U.S.C. § 1400(b) to the state of incorporation for domestic...
Miles & Stockbridge
Given increased demand for litigation finance in the IP space, it's more crucial than ever for patent owners to understand their financing options so they can secure the optimal solution.
Akin Gump Strauss Hauer & Feld LLP
On July 6, 2017, the PTAB denied Petitioner Ford Motor Company's request for rehearing of the Board's decision denying institution of multiple IPRs based on its finding that, under 35 U.S.C. § 315(b), ...
Foley & Lardner
In Stanford University v. The Chinese University of Hong Kong, the Federal Circuit vacated and remanded interference decisions on the ground the PTAB applied the incorrect standard in determining ...
Seyfarth Shaw LLP
In Seyfarth's third webinar in its series of 2017 Trade Secrets Webinars, Seyfarth attorneys Justin Beyer, Marcus Mintz, Dean Fanelli, and Thomas Haag focused on how to define and protect trade secrets...
Wolf, Greenfield & Sacks, P.C.
At the midpoint of calendar year 2017, the TTAB has issued 18 precedential opinions.
Wolf, Greenfield & Sacks, P.C.
The Trademark Trial and Appeal Board has scheduled sixteen (16) oral hearings for the month of July 2017.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the term ROSE on the Supplemental Register, for "beer based mixed beverages," on the ground that the term is generic for the goods.
Frankfurt Kurnit Klein & Selz
Copyright claims based on alleged similarities between video games ("clones") are as old as the industry itself. While video games, like other creative works, may receive some level of protection...
Reed Smith
California-based jewelry company Brighton Collectibles LLC ("Brighton") filed suit against Macy's Inc. ("Macy's") for copyright infringement.
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Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 16-712, to consider "[w]hether inter partes review
On May 30, 2017, Judge William H. Pauley III, in the Southern District of New York, ruled that rapper-singer-songwriter Drake was permitted to use a sample of jazz artist Jimmy Smith based...
Foley & Lardner
The Supreme Court gave the Federal Circuit options as to how and whether to address these issues on remand.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Below, a divided Federal Circuit panel held that: (1) a biosimilar applicant is not required to provide its application and manufacturing information to the Reference Product Sponsor (RPS)
Lewis Brisbois Bisgaard & Smith LLP
On June 19, 2017, the United States Supreme Court invalidated a provision of the Lanham Act, 15 U.S.C. § 1052(a), which had prohibited the registration of trademarks "which may disparage..."
Jones Day
Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings...
Milbank, Tweed, Hadley & McCloy LLP
The constitutionality of AIA patent inter partes review (IPR) proceedings will be examined by the Supreme Court. On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Services...
Hyman, Phelps, & McNamara, P.C.
It's been a couple of months since the dust has settled from FDA's October 26, 2016 approval of Mylan Pharmaceuticals Inc.'s ANDA 078276 for a generic version of Daiichi Sankyo Inc.'s BENICAR Tablets...
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