News & InsightsIP News AlertsFederal Circuit Clarifies Interstate Use-In-Commerce of TrademarksNovember 30, 2016 By: John L. DuPré and Patrick A. Quinlan A long-standing requirement for federal trademark registration under the Lanham Act is use of a product or service bearing the mark in commerce that is regulated by Congress. ... Federal Circuit Cautions Not to Assume Claimed Inventions are AbstractSeptember 21, 2016 The Federal Circuit recently provided additional guidance in McRO v. Bandai Namco, et al. regarding patentable subject matter analyses under 35 U.S.C. 101, finding that software-related... Supreme Court Affirms Authority of Patent Office in Inter Partes ReviewsJune 29, 2016 By: Lawrence P. Cogswell III,, Ph.D. and Timothy J. Meagher In a two-part decision affirming the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court held in Cuozzo Speed Technologies, LLC v. Lee that the PTAB’s determination... Impact of the Brexit Vote on Your IPJune 27, 2016 By: Susan G. L. Glovsky and Alexander Adam, , Ph.D. Based on current information, when changes do occur, the greatest change is likely to be for trademarks and designs, with the U.K. and the rest of Europe proceeding on separate paths... Federal Circuit Reaffirms Reasonable Approach To Continuation ApplicationsJune 22, 2016 In Immersion Corp. v. HTC Corp., the Federal Circuit announced a lenient approach in allowing a continuing application to be filed on the same day that the parent application issues... IP Pirates and Other Willful Infringers: Beware, the Supreme Court Eases Standards for Awarding Enhanced Patent DamagesJune 14, 2016 By: Brian T. Moriarty and John L. DuPré In a unanimous decision in Halo Elec., Inc. v Pulse Elec., Inc., the Supreme Court overturned the cumbersome standards for awarding treble, or enhanced, damages for “willful&... Defend Trade Secrets Act Expands Intellectual Property ProtectionMay 18, 2016 By: Timothy J. Meagher and Brian T. Moriarty The Defend Trade Secrets Act (DTSA) was signed into law on May 11, 2016, expanding trade secret protections in the United States. The DTSA establishes a federal civil cause of... Disparagement Provision in Lanham Act Found UnconstitutionalDecember 23, 2015 Section 2(a) of the Lanham Act bars the U.S. Patent and Trademark Office from registering scandalous, immoral, or disparaging marks. 15 U.S.C. § 1052(a). According... Supreme Court Eliminates "Good Faith Belief" of Patent Invalidity as Defense to Induced Patent InfringementMay 26, 2015 Today, in a 5-3 decision, the United States Supreme Court, Commil USA LLC v Cisco Systems, Inc., issued an important opinion that eliminates good faith belief of patent invalidity... International Design Patent Applications Will Be Available to U.S. ApplicantsFebruary 19, 2015 By: Darrell L. Wong The U.S. Patent and Trademark Office (USPTO) announced significant changes to rules applicable to international design patents and extended the patent term for some design patents.... Lessons Learned from the First IPR Decision by the Federal Circuit - Patent Office Successfully Takes Over Garmin's Attack on Cuozzo's PatentFebruary 11, 2015 Garmin successfully used an Inter Partes Review ("IPR") counterattack when it was sued for patent infringement and, once Garmin settled with the patent owner, the Patent... Supreme Court Determines Trademark Tacking is Jury Issue - Reconfirms Markman Claim Construction is for the JudgeJanuary 29, 2015 By: Susan G. L. Glovsky and John L. DuPré The trademark doctrine of "tacking" allows a trademark owner to gain superior rights based on earlier use of another mark that "create[s] the same, continuing commercial... |
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