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Searching Content from United States indexed under Intellectual Property ordered by Published Date Descending.
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1
Ranging Beyond The Written Description Requirement
Practitioners with an international patent practice generally view the U.S. written description requirement as more liberal than similar requirements in other jurisdictions, especially the European Patent Office.
United States
20 Jul 2018
2
Federal Circuit Continues To Address Transitional IPR Appeals Post-SAS
When the Supreme Court issued its decision in SAS Institute regarding partial IPR institution
United States
20 Jul 2018
3
TTAB Reverses 2(d) Refusal Of CARAT For Airplane Connectivity Services: Unrelated To Broadcasting Services
The Board reversed a refusal to register the mark CARAT (Stylized) for aircraft connectivity services that enable transmission of data to and from aircraft.
United States
20 Jul 2018
4
SCOTUS Showdown Will Have To Wait As Second Circuit Denies Petition To Review SDNY Rejection Of Server Test For Copyright Infringement
On July 17, 2018, in a barely four-line Mandate, the U.S. Court of Appeals for the Second Circuit denied a Petition for leave to appeal an interlocutory order by the Southern District of New York's...
United States
20 Jul 2018
5
Requirements, Benefits, And Possible Consequences Of Listing Patents In FDA's Orange Book
NDAs must be accompanied by certain patent information, which the FDA then lists in its Approved Drug Products with Therapeutic Equivalence Evaluations publication.
United States
20 Jul 2018
6
Supreme Court Opens The Floodgates For Foreign Lost Profits Damages
The Court's decision reversed a Federal Circuit ruling that the patent holder could not receive lost profits stemming from overseas activity.
United States
20 Jul 2018
7
Sticky Rebranding And Fluid Marks
I have fond memories¹ of drowning my pancakes in all the flavored syrups on the table rack at IHOP. But, on June 4, the International House of Pancakes announced that though it had been IHOP for 60 years...
United States
20 Jul 2018
8
What Part Of "And" Don't You Understand?
The USPTO recently identified several decisions as informative. While not binding, an informative decision provides guidance for patent applicants, examiners and the PTAB.
United States
20 Jul 2018
9
PTAB Judicial Conference Moves To San Jose & Dallas
While the summer months are relatively quiet when it comes to marquee CLE events and bar organization gatherings, the Patent Trial & Appeal Board (PTAB) is providing a rare opportunity for stakeholders in late July.
United States
19 Jul 2018
10
How SAS Expands Scope Of Inter Partes Review Estoppel
The possibility of estoppel is an important consideration for a defendant in a patent infringement action in deciding whether or not to file an inter partes review petition. Indeed...
United States
19 Jul 2018
11
A Sighting Of AIA Derivation
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 ...
United States
19 Jul 2018
12
Federal Circuit: TTAB Applied Wrong Test In Finding Coca-Cola's ZERO Mark Not Generic For Soft Drinks
John L. Welch's article titled "Federal Circuit: TTAB applied wrong test in finding Coca-Cola's ZERO mark not generic for soft drinks" was published by World Trademark Review
United States
19 Jul 2018
13
All The World's A Stage, And Some Players Are De Minimis Under Copyright Law
The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts, public sculpture, caps with artsy graphics, advertising posters ...
United States
18 Jul 2018
14
Non-Marking Sole? Lessons From Adidas V. Skechers
California trademark attorneys have been waiting five years to get clarification on the requirements for injunctive relief and hoped that a new case between adidas and Skechers ...
United States
18 Jul 2018
15
How Do I Avoid Indefiniteness With No Intrinsic Record Support?
In Kaneka Corporation v. Zhejiang Medicine, the U.S. District Court for the Central District of California held that expert testimony alone was sufficient to avoid summary judgment...
United States
18 Jul 2018
16
Federal Circuit Panel Holds Trade Secret Disgorgement Of Profits Must Be Awarded By Judge, Not Jury
In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits ...
United States
18 Jul 2018
17
Decision On The California Resale Royalties Act Could Mean More Art Business
On Friday, July 6, 2018, the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") confirmed that the 1977 California Resale Royalties Act (the "California Act") ...
United States
18 Jul 2018
18
PTAB Designates AIA Decisions Informative
The second decision outlines requirements for taking foreign depositions.
United States
18 Jul 2018
19
The Sensor: Legal Insights Into Autonomous Vehicles - June Issue 2018
Patents are often at the heart of high-stakes litigation. While there is some debate as to what began the smartphone patent wars, Nokia suing Apple ...
United States
18 Jul 2018
20
Mayor Of The "People's Republic Of Cambridge" Steps Into The Massachusetts Noncompete Reform Fray
Marc McGovern, the mayor of Cambridge, Massachusetts, published an op-ed in today's Boston Globe regarding the noncompete reform movement in Massachusetts.
United States
18 Jul 2018
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