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IP News Alerts

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...
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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 »

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...
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Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
"Exceptional case" statutory threshold for awards of attorneys' fees is to be judged by "totality of the circumstances" District courts invested with wide...
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United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher
The new program currently is available only by petition for certain software-oriented patent applications. Applicants are required to include a glossary of patent term definitions...
More »

PTO Issues New Guidance Memorandum for Determining Patent-Eligible Subject Matter
March 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Eric M. Balicky, Ph.D. and Deirdre E. Sanders
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) published a much-anticipated memorandum announcing a "new procedure" for determining whether a claim is drawn...
More »

No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Lighting Ballast affirms the de novo standard of review for claim construction on appeal, originally set forth 15 years ago. Continue to watch the case, as Supreme Court review...
More »

Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Mary Lou Wakimura
In a ruling of first impression, the Federal Circuit Court finds that the Doctrine of Prosecution History Estoppel applies to design patents; Doctrine can limit the scope of the...
More »

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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 »

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 »

Supreme Court Changes Standards for Attorneys' Fees Awards in Patent Cases
May 1, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
"Exceptional case" statutory threshold for awards of attorneys' fees is to be judged by "totality of the circumstances" District courts invested with wide...
More »

United States Patent and Trademark Office to Launch Glossary Pilot Program
April 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Timothy J. Meagher
The new program currently is available only by petition for certain software-oriented patent applications. Applicants are required to include a glossary of patent term definitions...
More »

PTO Issues New Guidance Memorandum for Determining Patent-Eligible Subject Matter
March 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Eric M. Balicky, Ph.D. and Deirdre E. Sanders
On March 4, 2014, the U.S. Patent and Trademark Office (PTO) published a much-anticipated memorandum announcing a "new procedure" for determining whether a claim is drawn...
More »

No Difference, No Deference: Federal Circuit in Lighting Ballast Maintains De Novo Review for Claim Construction
March 10, 2014 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Lighting Ballast affirms the de novo standard of review for claim construction on appeal, originally set forth 15 years ago. Continue to watch the case, as Supreme Court review...
More »

Court Rules That Design Patent Scope Can Be Limited By Prosecution History
January 17, 2014 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Mary Lou Wakimura
In a ruling of first impression, the Federal Circuit Court finds that the Doctrine of Prosecution History Estoppel applies to design patents; Doctrine can limit the scope of the...
More »

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