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Federal Circuit Improves The Short-Term "Forecast" For The Doctrine Of Equivalents
On Tuesday, September 3, 2019, in response to a petition for rehearing en banc, the Federal Circuit issued an order withdrawing language in the panel decision in Amgen Inc. v. Sandoz Inc., 2018-1551
United States
10 Sep 2019
IP And Advertising Basics For Cannabis Companies
Multi-state regulatory regimes as complicating factors.
United States
7 Aug 2019
Federal Circuit Rejects State Sovereign Immunity Defense To Inter Partes Review
Last year, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., the Federal Circuit rejected the use of tribal sovereign immunity as a defense
United States
2 Jul 2019
Watch: Top IP Cases In 2018 In-House Counsel Need To Know
Who said there's no looking back? It is crucial to consider key takeaways from the most important IP cases from 2018 when planning for 2019.
United States
4 Feb 2019
Supreme Court Holds That Confidential Sales Still Qualify As Patent Prior Art
Earlier this week, the Supreme Court issued a unanimous opinion in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., clarifying that a commercial sale of an invention more than one year before a patent application...
United States
30 Jan 2019
Intellectual Property Strategies For Start-Up Companies
We are pleased to announce a new addition to our collection of IP-focused blog posts directed to start-up companies, this one focusing on cybersecurity.
United States
28 Jan 2019
Smiles Like Teen Spirit: "Smiley Face" Copyright And Trademark Litigation
You may think the phrase "million-dollar smile" is just a metaphor, but a smile could cost you millions of dollars ...
United States
25 Jan 2019
USPTO, Copyright Office And Federal Courts Will Continue To Stay Open During The Shutdown
The shutdown of parts of the federal government began on December 22, 2018. The shutdown has now become the longest partial government shutdown in American history.
United States
24 Jan 2019
USPTO Announces Revised Guidance For Determining Subject Matter Eligibility
The U.S. Patent and Trademark Office (USPTO) issued new guidance effective January 7, 2019 to its examiners and administrative judges ...
United States
16 Jan 2019
A Five-Minute Read On Current Patent Litigation Trends For People Who Get Bored By Patents
Frequent Trademark and Copyright Law Blog contributor Peter Sullivan has written about some pretty fun topics, including Sponge Bob trademarks and Grumpy Cat copyrights.
United States
8 Oct 2018
Should Patent And Trademark Applicants Be Required To Pay USPTO Attorneys' Fees?
The Federal Circuit just issued its en banc decision in Nantkwest v. Iancu, concluding that the proper statutory construction of Section 145 of the patent statute...
United States
6 Aug 2018
Federal Circuit Nixes PTAB Sovereign Immunity For Saint Regis Mohawk Tribe
In Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
United States
2 Aug 2018
Supreme Court Permits Award Of Foreign Lost Profits When Patented Components Are Assembled Outside The U.S.
On Friday, June 22, 2018, in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011, the U.S. Supreme Court held that damages awards for infringement under 35 U.S.C. §271(f)(2) ...
United States
5 Jul 2018
Implications Of SCOTUS Opinions On Constitutionality, Scope Of Inter Partes Reviews
The Supreme Court recently handed down two highly anticipated decisions concerning inter partes review (IPR) ...
United States
4 May 2018
The Shape Of My Heart: A Guide To Chocolate Shape Trademarks For Your Valentine
To be clear, Mondelez is not an enemy of chocolate shape trademarks across the board.
United States
14 Feb 2018
Timeliness Determinations For Inter Partes Review Now Subject To Appellate Review
On January 8, 2018, the en banc Federal Circuit, in Wi-Fi One, LLC v. Broadcom Corp., held that a PTAB decision upon institution as to whether a petition for inter partes review is timely ...
United States
19 Jan 2018
Watch: Top IP Cases In 2017 In-House Counsel Need To Know (Video)
Happy Holidays from the Trademark and Copyright Law Blog and the Foley Hoag Trademark, Copyright & Unfair Competition Group.
United States
2 Jan 2018
Supreme Court Limits Patent Owners' Ability To Control Post-Sale Use Of Patented Products
The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International.
United States
20 Jun 2017
Supreme Court Decision In TC Heartland Will Limit Venue Choice In Patent Litigation
The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute...
United States
30 May 2017
Court Issues Temporary Restraining Order Against Invention Patenting And Promotion Company For Unfair And Deceptive Trade Practices
There are many businesses focused on helping inventors develop and monetize their ideas.
United States
7 Apr 2017
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