IP News Alerts
Online Re-registration of DMCA Agents Required by the United States Copyright Office by December 31, 2017.
December 8, 2017
By: Susan G. L. Glovsky and Samuel J. Sussman
A new registration requirement places companies at risk of copyright suits over material hosted on their websites. The Digital Millennium Copyright Act (DMCA) "safe...
In re: Micron Technology, Inc.: Uncertainty Remains in Objections to Patent Venue
November 29, 2017
The Supreme Court’s decision in TC Heartland in May, 2017, granted defendants greater control over where patent infringement lawsuits can be filed against them. Left...
The Federal Circuit Confirms a Return to Restrictive Patent Venue Requirements
September 29, 2017
By: John L. DuPré and Samuel J. Sussman
The requirements as to where a patent infringement case can be filed are different from and more restrictive than the venue requirements for a general case Unless the...
U.S. Supreme Court Holds "Disparagement Clause" of Trademark Law Unconstitutional
June 19, 2017
Free speech prevents the U.S. Patent and Trademark Office (USPTO) from denying registration of trademarks considered disparaging Today, in Lee v. Tam, the U.S. Supreme...
Supreme Court Limits Choice of Venue in Patent Cases
May 22, 2017
By: Brian T. Moriarty and Timothy J. Meagher
A corporation only “resides” in its state of incorporation for venue purposes in patent cases. Selling products in a venue is not enough to establish corporate...
Notice Requirements For Federal Trade Secret Protection
March 2017
By: Christine M. Wise and John L. DuPré
Under the Defend Trade Secrets Act (DTSA) of 2016, federal trade secret protection is now available. The DTSA, and its notice requirement discussed below, are applicable to any...
Federal Circuit Clarifies Interstate Use-In-Commerce of Trademarks
November 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 Abstract
September 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 Reviews
June 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 IP
June 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 Applications
June 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 Damages
June 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&...