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Searching Content from United States indexed under Intellectual Property ordered by Published Date Descending.
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1
Federal Circuit Digs Deeper Hole For Diagnostic Methods
In Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, the Federal Circuit once again held diagnostic method claims invalid under 35 USC § 101.
United States
18 Feb 2019
2
Federal Circuit Holds That Claims Directed To Diagnosing Neurotransmission Or Developmental Disorders Are Invalid For Failing To Recite Patent Eligible Subject Matter
In Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, the Federal Circuit affirmed the district court's ruling that claims covering methods for diagnosing neurological disorders by detecting autoantibodies...
United States
18 Feb 2019
3
Federal Circuit Invites Patent Office To Open Pandora's Box
The Office pointed to the drafting history of the petitioner estoppel provision to support its views.
United States
15 Feb 2019
4
Bioisosterism, By Itself, May Not Be Sufficient Motivation To Modify A Lead Compound
In affirming the PTAB, the Federal Circuit also assumed for the purposes of its decision that compound 31 was an appropriate lead compound.
United States
15 Feb 2019
6
District Order Issues Sanctions Deeming Defendant's Summary Of Infringing Sales Established As True Where Defendant Failed To Comply With Multiple Court Orders
In this patent infringement action, the plaintiff, Stuebing Automatic Machine Co. ("Stuebing") filed a motion for violation of multiple discovery orders against the defendant.
United States
15 Feb 2019
7
Theranos Whistleblower Claims "Fraud Is Not A Trade Secret"
Where's the line between legitimately protecting your business's trade secrets and misusing a trade secret to conceal fraudulent activity?
United States
15 Feb 2019
8
Another California Court Raises Doubts On Employee Non-Solicitation Provisions
Last November, we discussed the potential impact of a recent California appellate court decision, AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. ...
United States
15 Feb 2019
9
Denying Cancellation Petition, TTAB Finds That Roman Atwood's "SMILE MORE" Functions As A Mark
The Board dismissed this petition for cancellation of Roman Atwood's registration for the mark SMILE MORE for various goods (stickers, backpacks, shirts) and for retail store service featuring clothing, denying petitioner's claim that the term fails to function as a mark.
United States
15 Feb 2019
10
Unfair Competition: What Happened In 2018, And What's In Store For 2019
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law.
United States
14 Feb 2019
11
Cultural And Intellectual Property Appropriation: Disputes Over Culturally-Inspired Fashions
If you haven't heard already, New York Fashion Week is here! As usual, a lineup of awe-inspiring shows is expected to roll out over the next several days
United States
14 Feb 2019
12
"Supreme Court Decision Invites Confusion And Delay"
In Oil States Energy Services, LLC v. Greene's Energy Group, LLC, et al., Justice Thomas, writing for a 7-2 majority of the Supreme Court, explained that inter partes review proceedings do not violate Article III or...
United States
14 Feb 2019
13
10th Circuit Affirms That Employer Failed To Show How Past Harm Signified Future Irreparable Harm In Support Of Preliminary Injunction Request In Trade Secret Battle
On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff's ...
United States
14 Feb 2019
14
PTAB Finds That Allowing IPR Petitioner To Avoid A Statutory Bar By Retroactively Adding Missing Real Party In Interest Is "In The Interest Of Justice"
Recently, in ZTE (USA) Inc. v. Fundamental Innovation Int'l LLC, IPR2018-00425, Paper No. 34 (Feb. 6, 2019) ...
United States
14 Feb 2019
15
Benefits Of Registration - January 11, 2019
At the beginning of this new year, it helps to remind ourselves why we engage in this work, why trademarks matter, and, more particularly, why registration matters.
United States
14 Feb 2019
16
TTAB Reverses Descriptiveness Refusal Of "CANNABIS CANNIBALS" For Cartoons Featuring Cannabis-Smoking Cannibals
This guest post was written by Stephanie Grace Stella, an associate in the Trademark Group at Wolf, Greenfield & Sacks, P.C.
United States
14 Feb 2019
17
Pre-Discovery Trade Secret Identification Under The DTSA
A previous post on this blog (Nov. 20, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity,
United States
14 Feb 2019
18
BPCIA & FDA Steps As Article III Standing From The PTAB?
In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Co. (here), the Federal Circuit was poised to explore the level of biosimilar legwork that could satisfy Article III ...
United States
14 Feb 2019
19
Patent The Internet Of Things (IoT) In The Food Industry
The "internet of things" (IoT) is revolutionizing how people live and work. Each day, the IoT grows as companies look for even more ways to connect devices with the goal of collecting and reporting
United States
14 Feb 2019
20
FDA Commissioner Statement About The Orange Book
On January 30, 2019, FDA Commissioner Scott Gottlieb issued a statement on FDA's efforts to enhance the utility of the Orange Book to foster drug competition.
United States
14 Feb 2019
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