Searching Content indexed under Arbitration & Dispute Resolution by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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Once You've Filed A UDRP, There May Be No Going Back
The Uniform Domain-Name Dispute-Resolution Policy ("UDRP") is the process used to resolve disputes over internet domain names. But its use is not risk-free.
United States
1 Mar 2019
Statute Requires ITC Grant Relief Against Defaulting Respondents, Subject To Public Interest
In Laerdal Medical Corp. v. International Trade Commission, the Federal Circuit reversed the ITC's determination that Laerdal failed to plead its trade dress claims with adequate detail.
United States
3 Jan 2019
A Party To A Litigation May Lose Its Right To Arbitrate A Dispute If It Delays In Demanding Arbitration
A defendant waived his right to arbitrate a royalty dispute because he (1) knew about an existing right to compel arbitration, (2) acted inconsistently with that right ...
United States
22 Nov 2018
CAFC Affirms Disclosure Of Parent Genus Does Not Invalidate Species Claims In UCB v. Accord Healthcare
In UCB, Inc. v. Accord Healthcare, Inc., Nos. 16-2610, 16-2683, 16-2685, 16-2698, 16-2710, 17-1001 (Fed. Cir. May 23, 2018), the CAFC affirmed the district court's holding that the asserted claims...
United States
12 Jun 2018
Boilerplate Language In Specification Does Not Support Written Description To Undescribed Modifications
In D Three Enterprises, LLC v. Sunmodo Corp., Nos. 2017-1909, -1910 (Fed. Cir. May 21, 2018), the Federal Circuit affirmed the district court's summary judgment determination that the asserted claims...
United States
11 Jun 2018
Prosecution Pointer 130
If you cannot make either of the timeliness statements set forth in 37 C.F.R. § 1.97(e), one cannot file a QPIDS submission to have an IDS considered after payment of the issue fee.
United States
31 May 2018
Prosecution Pointer 129
A claim listing is required when there is a change to an existing claim, cancellation of an existing claim or addition of a new claim and that listing must include a complete listing of all claims ever presented.
United States
25 May 2018
Practice Pointer: Why Are Some Federal Circuit Cases Decided Without Oral Argument?
On average, each panel of the Federal Circuit decides approximately one case per day solely on the briefs. Cases can be designated for no oral argument if ...
United States
5 Apr 2018
Factual Issues Underlying § 101 Analysis Can Preclude Dismissal Under Rule 12(B)(6)
In Aatrix Software, Inc. v. Green Shades Software, Inc., No. 2017-1452 (Fed. Cir. Feb. 14, 2018), the Federal Circuit reversed-in-part and vacated-in-part ...
United States
8 Mar 2018
Go Ahead And Check It: Failure To Expressly Request Early Commencement Of National Stage Examination Causes Headaches
In Actelion Pharm, Ltd. v. Matal, No. 17-1238 (Fed. Cir. Feb. 6, 2018), the Federal Circuit affirmed the USPTO's patent term adjustment determination regarding a dispute over when national stage...
United States
27 Feb 2018
Ninth Circuit Finds That Disputed Material Facts Prevent Summary Judgment On Whole Foods' Laches Defense
On January 29, 2018, the Ninth Circuit vacated the district court's grant of summary judgment in favor of Whole Foods and remanded on the ground that disputed issues of material fact remained...
United States
6 Feb 2018
D. Mass. Proposes To Revamp Local Patent Rules
On December 11, 2017, the U.S. District Court for the District of Massachusetts released proposed revisions to the local rules, specifically targeted at making patent litigation more efficient and faster.
United States
23 Jan 2018
Patent Owners' Use Of Unexpected Results Before IPR Institution
Patent owners in the life sciences and chemistry areas must frequently decide whether to submit evidence of unexpected results as part of their preliminary responses in inter partes ...
United States
8 Jan 2018
Trade Secret Suit May Continue Despite Arbitration Clause In Employment Agreement
The Federal Circuit affirmed a California court's decision that Waymo and Uber were not required to arbitrate their trade secret dispute.
United States
22 Nov 2017
Arbitration Clause Does Not Apply To Alleged Infringing Acts Performed After Termination Of Agreement
The U.S. Court of Appeals for the Federal Circuit recently held that an arbitration clause in an agreement did not apply to claims made in an infringement lawsuit, where the agreement...
United States
27 Jul 2017
Parties In Star Trek Fan Litigation Don't Boldly Go Into The Unknown; Settle Claims
The Central District of California recently denied both parties' motions for summary judgment in a copyright infringement case involving a fan Star Trek film, setting the dispute up for a jury trial.
United States
8 Mar 2017
PTO Invalidity Decisions Cannot Be Appealed As A Matter Of Right: Unsubstantiated Allegations Of Injury To Licensing Opportunities Are Insufficient To Confer Standing For Federal Circuit Appeal
Constitutional standing requirements to bring an action in a federal court do not necessarily apply when bringing an action before an administrative agency like the Patent and Trademark Office's "PTAB".
United States
28 Feb 2017
Healthbox For VC Services Not Confusing To Healthbox For Connected Fitness Products
The U.S. District Court for the District of Delaware recently handed firm client Under Armour a major victory in a trademark infringement and dilution action filed by healthcare consulting firm HGP.
United States
11 Aug 2016
Parties Bear Their Own Tax Consequences Unless Settlement Agreement Provides Otherwise
The plaintiffs, I.E.E. International Electronics & Engineering and IEE Sensing, Inc., and defendants, TK Holdings, Inc. and Takata A.G ., reached an agreement during a settlement conference to resolve their patent infringement dispute.
United States
21 Sep 2015
Patentee’s Election Of Species In Response To Ambiguous Restriction Requirement During Prosecution Is Not A Basis For Narrowly Construing A Broadly Drafted Claim
In a recent case, the Federal Circuit reversed-in-part and vacated-in-part the district court’s partial SJ of noninfringement and invalidity for obviousness, and remanded for further proceedings.
United States
5 Sep 2013
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