Jacqueline Mahoney

Jacqueline Mahoney

McDermott Will & Emery

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New Party Has No Cause of Action to Appeal PTAB Decision (Agilent Technologies, Inc. v. Waters Technologies Corp.)

Addressing the statutory cause of action requirement to appeal a reexamination decision, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal, finding that the appellant was not a third-party requester of the...more

3/3/2016 - Appeals Inter Partes Reexamination Patent Infringement Patent Ownership Patent Trial and Appeal Board Patents Right To Appeal Successor Interests Third-Party

Late Request for Further Briefing to Supplement IPR Petition Not Allowed - Hewlett-Packard Co. v. U.S. Philips Corporation

Addressing the timing and availability of motions or presentation of substantive arguments in the context of an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) dismissed the petitioner’s belated...more

2/18/2016 - Hewlett-Packard Inter Partes Review Proceedings Likelihood of Success Patent Litigation Patent Owner Preliminary Response Patent Trial and Appeal Board Printed Publications

“Voice of America” Belongs to the U.S. Government - Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice...

Robert Namer, d/b/a Voice of America v. Broadcasting Board of Governors; Voice of AmericaAddressing the issues of laches and the reliability of a consumer survey in a defense to a trademark infringement action under the...more

12/14/2015 - Broadcasting Laches Lanham Act Likelihood of Confusion Trademark Infringement Trademark Registration

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

10/9/2015 - Agents Copyright Copyright Infringement Copyright Litigation Exclusive Licenses Intellectual Property Protection Licenses Photographs Reversal Standing Subject Matter Jurisdiction The Copyright Act Third-Party

Bob Marley’s Heirs Lanham Act Win Upheld - Fifty-Six Hope Road Music v. A.V.E.L.A., Inc.

Addressing the issue of when the use of a celebrity’s likeness or persona in connection with a product constitutes a false endorsement that is actionable under the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit...more

4/10/2015 - Beneficiaries Bob Marley Celebrities Celebrity Endorsements Deceased Economic Injuries False Endorsements Lanham Act Music Music Industry Preemption Right of Publicity The Copyright Act

No Presumption, but Inference of Irreparable Harm Permissible Under Lanham Act - Groupe SEB USA, Inc. v. Euro-Pro Operating LLC

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm where the advertisements were literally false, the U.S. Court of Appeals for...more

3/2/2015 - Advertising Appeals False Advertising Irreparable Harm Lanham Act Preliminary Injunctions

Pattern of Functional Dots in Absorbent Pad Functional? It’s a Fact Issue

McAirlaids, Inc. v. Kimberly-Clark Corp. - Addressing whether a pattern of dots embossed on an absorbent pad was functional, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s summary judgment in...more

8/14/2014 - Aesthetic Functionality Functionality Patent Infringement Patent Litigation Patents

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

8/29/2013 - Copyright Exclusion Orders ITC Mobile Devices Patents Trademarks

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