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Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term...more

Federal Circuit Reverses Preliminary Injunction for Trade Secret Misappropriation

In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. ...more

Trademark Modernization Act of 2020

Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to...more

Don’t Forget the Bayh-Dole Act If Your Research Is Federally Funded

The Bayh–Dole Act, signed into law in 1980, is U.S. legislation directed to inventions arising from research funded by the Federal government. (See 35 U.S.C. § 200–212, and 37 C.F.R. §§ 401 and 404.) The Act encourages...more

New Canadian Trademark Rules Go Into Effect June 17, 2019

The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the...more

Akamai Reversed - Liability for Inducing Infringement Requires Proof of Direct Infringement by One Person

The United States Supreme Court in its opinion Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U. S. ____; Slip Op. No. 12–786 (June 2, 2014) (“Akamai”) holds that there cannot be liability for inducing...more

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