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1
Federal Circuit Voids Check Processing Patent's Eligibility
In Solutran, Inc. v. Elavon, Inc., Nos. 2019-1345, -1460 (Fed. Cir. July 30, 2019), the Federal Circuit reversed the district court's patent-eligibility finding and held Solutran's U.S. Patent No. 8,311,945 not patent...
United States
23 Aug 2019
2
Webinar Recap! Enforcement Of Non-Competes: Increasing Difficulty Depending On State
In Seyfarth's fourth installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Kristine Argentine, Eric Barton, and Katelyn Miller focused on the enforcement of non-competes and how the difficulty of...
United States
23 Aug 2019
3
Minnesota Patent Litigation Wrap-Up – June And July 2019
This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of various substantive orders issued in pending cases
United States
23 Aug 2019
4
Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal Of Umbrella Configuration
In view of Applicant OEP's own utility patent, the Board had no doubt in affirming a Section 2(e)(5) functionality refusal of the product configuration shown below, for umbrellas.
United States
23 Aug 2019
5
Courts Continue To Explore Reach Of PTAB Estoppel & Standards For Assessing Exceptions
Keeping with yesterday's discussion of Patent Trial & Appeal Board (PTAB) estoppel in the district courts, a decision from earlier this year on yet another aspect of this estoppel has been recalibrated.
United States
23 Aug 2019
6
Trademark Licensees May No Longer Need To Fear Rejection (In Bankruptcy)
In Mission Prod. Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court issued an opinion at the intersection of trademark and bankruptcy law.
United States
23 Aug 2019
7
Part 3: Companies Are Not Complying With The Safe Harbor Provision Of The DMCA
Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims.
United States
23 Aug 2019
8
Upcoming Event: Boston Trademark Roundtable With The USPTO (September 17, 2019)
The American Intellectual Property Law Association (AIPLA) and Foley Hoag are pleased to invite you to an open roundtable discussion with USPTO officials Meryl Hershkowitz
United States
23 Aug 2019
9
Federal Circuit: Construe Disputed Claim Terms Before Deciding § 101 Eligibility
The Federal Circuit – in a split decision – remanded a recent N.D. California decision and held that the district court should have construed a disputed
United States
22 Aug 2019
10
Physical Counterparts Of PTAB Utilized Product Manuals Estopped In Some Districts
District courts continue to grapple with whether or not physical products described by prior art publications of an earlier Patent Trial & Appeal Board (PTAB) trial are subject to estoppel.
United States
22 Aug 2019
11
The Meme Generation: Social Media Platforms Address Content Curation
It is likely no surprise to regular readers of Socially Aware that posting content to social media can, in some cases, generate significant income.
United States
22 Aug 2019
12
TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
Here are three recent TTAB decisions in Section 2(d) appeals. I'm not giving any hints, so you're on your own, my friends.
United States
22 Aug 2019
13
Withdrawal Of Petitioner From IPR Proceeding All But Ensures Success In Contingent Motion To Amend
On remand from the Court of Appeals for the Federal Circuit, the Patent Trial and Appeal Board granted patent owner's motion to amend on the basis that the totality of the record
United States
22 Aug 2019
14
TTAB Finds Wedge Shape For Yoga Blocks Functional Under Section 2(e)(5)
The Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "yoga blocks," finding the proposed mark to be de jure functional and therefore
United States
22 Aug 2019
15
To Cajole To Threaten: How Best To Curb Online Counterfeiting
The Trump administration, addressing efforts to curb online counterfeiting, has called for heightened collaboration, at times suggesting providing private parties with technological resources to help combat online counterfeiting.
United States
22 Aug 2019
16
Blockchain Payment Solutions, Patents And Market Data Announced
Late last week, a major U.S. financial services firm made headlines with several blockchain-related developments. The first relates to a credit card that will be offered
United States
22 Aug 2019
17
Part 1: Companies Are Not Complying With the Safe Harbor Provision of the DMCA
The most recent changes to U.S. copyright rules driven by the Digital Millennium Copyright Act (DMCA) became effective on Dec. 1, 2016.
United States
22 Aug 2019
18
"Original Patent" vs. Written Description — A New Reissue Gauntlet?
In two opinions issued in the past few weeks, the Federal Circuit has shaken up two requirements of the reissue statute that most practitioners don't think about much.
United States
22 Aug 2019
19
Ugg! Australian Apparel Company Hit With $450K Willful Infringement Verdict
Under U.S. law, generic trademarks are common terms used to refer to products or services.
United States
22 Aug 2019
20
PTAB Confirms (Again) That The AIA's "Enhanced Estoppel" Provision Applies To Concurrent IPR Proceedings
In a decision from the PTAB issued last week, the Board confirmed that the "enhanced estoppel" provision of 35 U.S.C. § 315(e)(1) applies to co-pending IPR proceedings when a final written decision issues in a first IPR.
United States
22 Aug 2019
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