IP News Alerts
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&...
Defend Trade Secrets Act Expands Intellectual Property Protection
May 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 Unconstitutional
December 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 Infringement
May 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. Applicants
February 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 Patent
February 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 Judge
January 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...
Supreme Court Orders Deference to Factual Findings for Claim Construction
January 28, 2015
On Tuesday, January 20, 2015, the U.S. Supreme Court handed down its much-anticipated decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. The Court’s 7-2 decision overturned...