Mondaq USA: Intellectual Property
Orrick
Several months ago, we reported on the potential to protect trade secrets by encrypting information using blockchain technology.
Brooks Kushman
The USPTO Patent Trial and Appeal Board has issued a revised AIA Trial Practice Guide, updating the original guide published in 2012.
Thompson Coburn LLP
On August 4, Mark Sableman spoke at the International Photography Hall of Fame and Museum in St. Louis, on the topic "Copyright and Photography: What you should know."
Wolf, Greenfield & Sacks, P.C.
In a six-page decision, the Board affirmed a Section 2(e)(1) refusal to register the mark LYNKD, finding it merely descriptive of electronic monitoring and safety devices controllable by mobile phone, and related software.
Foley & Lardner
The USPTO has commenced a fee-setting process for fee adjustments it expects to implement in January 2021.
Proskauer Rose LLP
Massachusetts governor Charlie Baker vetoed proposed legislation intended to combat assertions of patent infringement made in bad faith against state businesses and residents.
Foley & Lardner
The Patent Trial and Appeal Board ("PTAB") issued its initial Trial Practice Guide in August 2012, shortly before America Invents Act ("AIA") post-grant proceedings became available.
Ropes & Gray LLP
Petitioners now have one year to file IPR petitions even if the underlying district court action is eventually voluntarily dismissed without prejudice.
Fenwick & West LLP
Since our last update in June 2017, all the invalidation averages for decisions finding lack of subject matter eligibility have trended slightly downward in the federal courts.
Foley Hoag LLP
The "Starball" logo of the Union des Associations Européennes de Football ("UEFA") consists of a round ball made up of black stars, with white polygons in the negative space between the stars.
Ropes & Gray LLP
As I predicted it would back in May, the Federal Circuit has now reversed the long-standing practice of the Patent Trial & Appeal Board to accept certain IPR petitions outside of the 1-year window of 35 U.S.C. § 315(b).
Morrison & Foerster LLP
"Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees....
Oblon, McClelland, Maier & Neustadt, L.L.P
In July, the U.S. Patent & Trademark Office's Patent Trial and Appeal Board designated its ex parte Jung decision as informative (see here and here). In this decision, the Board held that the phrase
Wolf, Greenfield & Sacks, P.C.
Sometimes not-so-good things happen to good people. The Board affirmed a refusal to register the mark LEGION OF GOOD WILL (in standard character form) for "Charitable services, namely, organizing
Holland & Knight
Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action, and federal litigation...
Holland & Knight
On Aug. 7, 2018, the Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Barker Boatworks, LLC, rejecting Yellowfin Yacht's Florida Uniform Trade Secret Act (FUTSA) claim
Oblon, McClelland, Maier & Neustadt, L.L.P
Advantek obtained U.S. Design Patent No. D715,006 ("D '006") on a "gazebo" without a cover
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In GoPro, Inc. v. Contour IP Holding LLC, No. 17-1894, 17-1936 (Fed. Cir. July 27, 2018), the Federal Circuit vacated the Board's determination that a product catalog ...
Wolf, Greenfield & Sacks, P.C.
WHB Licensing, owner of the mark BRAUM'S for restaurant services and various food items, opposed a Section 66(a) application to register the mark BRAM'S, in design form, for restaurant services and various food items.
Jones Day
On July 27, 2018, the Federal Circuit reversed the PTAB's finding that Petitioner GoPro, Inc. failed to establish the public availability of an alleged prior art printed publication.
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Pryor Cashman LLP
Following her September 2017 appearance on CNBC's "Nightly Business Report," Partner Dyan Finguerra-DuCharme returned to the program for a segment exploring ways to identify and avoid scams involving intellectual property.
Jones Day
One PRO petitioned a federal district court, asking the court to declare that its consent decree does not require full-work licensing.
Jones Day
Last week, the United States Patent and Trademark Office (USPTO) hosted the annual meeting of the heads of the world's five largest intellectual property offices
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Artificial intelligence (AI) is rapidly transforming the world of medicine, as the recent decades have marked a surge in the development of medical AI.
Lewis Roca Rothgerber Christie LLP
Blockchain technology, some might argue, is the most important technological innovation since the Internet.
Morrison & Foerster LLP
Progress is being made regarding the protection of intellectual property ("IP") rights in a post-BREXIT scenario on both sides of the English Channel.
Jones Day
The ITC recently modified a previously issued remedial order such that certain of the Respondents' redesigned products were not covered by the limited exclusion order (LEO) or the cease and desist order (CDO).
Morrison & Foerster LLP
"Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees....
WilmerHale
Six years after the America Invents Act created inter partes review proceedings, patent disputes increasingly involve parallel litigation, with at least one inter partes review proceeding in tandem with district court litigation(s) involving the same patent claims.
Foley & Lardner
Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves.
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