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IP News Alerts

IP Pirates and Other Willful Infringers: Beware, the Supreme Court Eases Standards for Awarding Enhanced Patent Damages
June 14, 2016 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and John L. DuPré
Supreme Court eases standard for award of increased damages for patent infringement Overrules prior Federal Circuit Seagate standard as “mechanical” and “artificial...
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Defend Trade Secrets Act Expands Intellectual Property Protection
May 18, 2016 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher, Brian T. Moriarty, and Joshua S. Matloff
  DTSA creates the first federal civil cause of action for trade secret owners to take in the case of misappropriation.  DTSA sets a national baseline for trade secret...
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Supreme Court to Review Inter Partes Claim Construction Standard Under AIA
January 19, 2016 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
The Supreme Court will address aspects of inter partes review: Claim construction standard Ultimate authority over Patent Office institution of inter partes review proceedings...
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Disparagement Provision in Lanham Act Found Unconstitutional
December 23, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky
Registration Bar In Effect Since 1946 Found Contrary to Bedrock First Amendment Principle   Federal Circuit finds that the government cannot refuse registration based...
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Supreme Court Eliminates "Good Faith Belief" of Patent Invalidity as Defense to Induced Patent Infringement
May 26, 2015 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
A defendant's belief that a patent is invalid is no longer a defense to a charge of active inducement of infringement A defendant's belief that there is no infringement...
More »

International Design Patent Applications Will Be Available to U.S. Applicants
February 19, 2015 - Hamilton Brook Smith Reynolds Alert
By: Darrell L. Wong
U.S. applicants will soon be able to file an International Design Patent Application with the U.S. Patent and Trademark Office. Change will go into effect May 13, 2015. The term...
More »

Lessons Learned from the First IPR Decision by the Federal Circuit - Patent Office Successfully Takes Over Garmin's Attack on Cuozzo's Patent
February 11, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky
Inter Partes Review creates a new order for patent owners and those accused of infringement Patent owners must pursue a broad array of claims; patent challengers are well advised...
More »

Supreme Court Determines Trademark Tacking is Jury Issue - Reconfirms Markman Claim Construction is for the Judge
January 29, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky and John L. DuPré
The first party to use a trademark is generally determined to have superior rights over later users. The trademark doctrine of "tacking" allows a trademark owner to gain...
More »

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IP Pirates and Other Willful Infringers: Beware, the Supreme Court Eases Standards for Awarding Enhanced Patent Damages
June 14, 2016 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and John L. DuPré
Supreme Court eases standard for award of increased damages for patent infringement Overrules prior Federal Circuit Seagate standard as “mechanical” and “artificial...
More »

Defend Trade Secrets Act Expands Intellectual Property Protection
May 18, 2016 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher, Brian T. Moriarty, and Joshua S. Matloff
  DTSA creates the first federal civil cause of action for trade secret owners to take in the case of misappropriation.  DTSA sets a national baseline for trade secret...
More »

Supreme Court to Review Inter Partes Claim Construction Standard Under AIA
January 19, 2016 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
The Supreme Court will address aspects of inter partes review: Claim construction standard Ultimate authority over Patent Office institution of inter partes review proceedings...
More »

Disparagement Provision in Lanham Act Found Unconstitutional
December 23, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky
Registration Bar In Effect Since 1946 Found Contrary to Bedrock First Amendment Principle   Federal Circuit finds that the government cannot refuse registration based...
More »

Supreme Court Eliminates "Good Faith Belief" of Patent Invalidity as Defense to Induced Patent Infringement
May 26, 2015 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
A defendant's belief that a patent is invalid is no longer a defense to a charge of active inducement of infringement A defendant's belief that there is no infringement...
More »

International Design Patent Applications Will Be Available to U.S. Applicants
February 19, 2015 - Hamilton Brook Smith Reynolds Alert
By: Darrell L. Wong
U.S. applicants will soon be able to file an International Design Patent Application with the U.S. Patent and Trademark Office. Change will go into effect May 13, 2015. The term...
More »

Lessons Learned from the First IPR Decision by the Federal Circuit - Patent Office Successfully Takes Over Garmin's Attack on Cuozzo's Patent
February 11, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky
Inter Partes Review creates a new order for patent owners and those accused of infringement Patent owners must pursue a broad array of claims; patent challengers are well advised...
More »

Supreme Court Determines Trademark Tacking is Jury Issue - Reconfirms Markman Claim Construction is for the Judge
January 29, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky and John L. DuPré
The first party to use a trademark is generally determined to have superior rights over later users. The trademark doctrine of "tacking" allows a trademark owner to gain...
More »

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