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IP News Alerts

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...
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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...
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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 »

Supreme Court Orders Deference to Factual Findings for Claim Construction
January 28, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky
The Supreme Court overturns full de novo review of claim construction rulings. Underlying factual findings, such as those based on extrinsic evidence, are to be reviewed for clear...
More »

Patent Office Publishes Relaxed Interim Guidelines for Determining Patent Eligible Subject Matter
December 16, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D. and N. Scott Pierce
Only product and process claims that are "directed to" laws of nature, natural phenomena or abstract ideas will be subject to further analysis under the new interim guidelines...
More »

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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...
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 »

Supreme Court Orders Deference to Factual Findings for Claim Construction
January 28, 2015 - Hamilton Brook Smith Reynolds Alert
By: Susan G. L. Glovsky
The Supreme Court overturns full de novo review of claim construction rulings. Underlying factual findings, such as those based on extrinsic evidence, are to be reviewed for clear...
More »

Patent Office Publishes Relaxed Interim Guidelines for Determining Patent Eligible Subject Matter
December 16, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D. and N. Scott Pierce
Only product and process claims that are "directed to" laws of nature, natural phenomena or abstract ideas will be subject to further analysis under the new interim guidelines...
More »

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