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IP News Alerts

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 »

U.S. Patent and Trademark Office Issues Preliminary Examination Instructions in View of Supreme Court's Decision in Alice Corp. v. CLS Bank
June 30, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
On June 25, 2014, the U.S. Patent and Trademark Office (USPTO) issued preliminary instructions to assist examiners in determining whether a claimed invention is patent eligible under...
More »

Supreme Court Shuts Off Streaming of Live TV Provided by Aereo
June 26, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Supreme Court holds on-line streaming of live network TV by third party company Aereo to paying customers is a violation of U.S. Copyright Law In a 6-3 decision, the United...
More »

U.S. Patent Office Proposes Changes in Patent Term Adjustment
June 23, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Proposed rule changes by the U.S. Patent and Trademark Office (USPTO) would change the effect of continued examination on adjustments to patent term. On June 18, 2014, the USPTO...
More »

Supreme Court Unanimously Finds Alice Corp.'s Business Method Patent is Directed to a Patent-Ineligible "Abstract Idea"?
June 19, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The Supreme Court 9-0 reaffirms that patents directed to “abstract ideas” are not patent eligible This decision does not address the larger question of patentability...
More »

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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 »

U.S. Patent and Trademark Office Issues Preliminary Examination Instructions in View of Supreme Court's Decision in Alice Corp. v. CLS Bank
June 30, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
On June 25, 2014, the U.S. Patent and Trademark Office (USPTO) issued preliminary instructions to assist examiners in determining whether a claimed invention is patent eligible under...
More »

Supreme Court Shuts Off Streaming of Live TV Provided by Aereo
June 26, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Supreme Court holds on-line streaming of live network TV by third party company Aereo to paying customers is a violation of U.S. Copyright Law In a 6-3 decision, the United...
More »

U.S. Patent Office Proposes Changes in Patent Term Adjustment
June 23, 2014 - Hamilton Brook Smith Reynolds Alert
By: Mary K. Murray, Ph.D.
Proposed rule changes by the U.S. Patent and Trademark Office (USPTO) would change the effect of continued examination on adjustments to patent term. On June 18, 2014, the USPTO...
More »

Supreme Court Unanimously Finds Alice Corp.'s Business Method Patent is Directed to a Patent-Ineligible "Abstract Idea"?
June 19, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The Supreme Court 9-0 reaffirms that patents directed to “abstract ideas” are not patent eligible This decision does not address the larger question of patentability...
More »

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