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Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

Intellectual Property Newsletter - December 2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

The Interface Between District Court Litigation and Contested Office Proceedings under the AIA: Motions to Stay

What is the standard for deciding a motion to stay in view of a contested office proceeding? Courts typically consider: (1) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Fall 2012 - Volume 10, Issue 4

In This Issue: Conducting Efficient Patent Litigation Discovery - The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront...more

Canada Modernizes Copyright Legislation

Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more

Posting Copyrighted Image Has Consequences

Any organization with a website should take care that it is not posting anyone else’s copyrighted content without permission. If a court finds that the unauthorized use of another’s copyrighted content was done intentionally,...more

Intellectual Property Bulletin - Summer 2012

In This Bulletin: Final Patent Rules Provide Few Surprises; CFAA is Losing Ground as a Tool to Fight Trade Secret Misappropriation; Quick Updates: You Are Not Your IP Address; The Federal Circuit Addresses the Abstract...more

Safeguarding your business' trade secrets

Originally published in The Enterprise - Utah’s Business Journal - July 16-22, 2012 - Volume 41, Number 48. One of the consequences of being in a state that has an extremely well educated population combined with a...more

Protecting Your Company’s Digital Information From Departing Employees 4th Circuit Weighs in on Liability Under the Computer Fraud...

This past Thursday, July 26th, the US Court of Appeals for the Fourth Circuit issued an opinion addressing liability under the federal Computer Fraud and Abuse Act (CFAA) for departing employees who access and copy computer...more

IP Buzz - July 2012

In this issue: - New Additions - IP Legal News And Updates - Announcements And Reminders An excerpt from News and Updates section "Sole Ownership of a Color? Louboutin Loses Appeal in French Court in...more

Supreme Court confirms that generic drug manufacturers can challenge brand-name use-code descriptions in patent litigation

The Hatch-Waxman Act Congress designed the Hatch-Waxman Act (codified at 21 U.S.C. § 355(b), (j), (l) and 35 U.S.C. §§ 156, 271, and 282) to inspire medical innovation by giving medical-device and pharmaceutical patent...more

Invalidating Expired Patents During Reexamination—Not A Sure Thing

Your patent expired earlier this year. Then, just last week, you found a product that looked eerily similar to the device covered by your patent, and a little checking on the Wayback Machine indicates that this product has...more

Blessing or Curse: In re Baxter International Makes Reexamination More Appealing to Patent Challengers

Can the USPTO invalidate a patent during reexamination that had been upheld during litigation? Yes, according to the Court of Appeals for the Federal Circuit in In re Baxter International, where the Federal Circuit addressed...more

IP Buzz - June 2012

In this issue: - Using Injunctions to Gain Market Share: What’s the Harm - Business Method Patents and September 16, 2012 - News:ICANN Reveals List Of New gTLD Applications - New Insurance Helps Small...more

Protecting Your Rights: New gTLD Applications

In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a program to expand the Internet's domain name system by introducing new generic top-level domain names. The new gTLD application period...more

FRAND Defence in German Courts: Remedy Against Standard-Essential Patents?

Standard setting is considered an inevitable process nowadays. It enables the interoperability of products and services from different vendors. The telecommunication sector, for example, is heavily penetrated by standards,...more

Copyright Owners Using DMCA To Take Down URLs

At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference - it was reported that copyright holders are increasingly using the Digital Millennium Copyright...more

The International Trade Commission: A Powerful Alternative for Patent Holders

What does a patent holder do when component parts that infringe one or more of its patents are imported into the United States? Traditionally, the answer has been to send the manufacturer or importer a cease-and-desist letter...more

Business Method Patents and September 16, 2012

On September 16, 2012, the USPTO will begin implementing a new procedure for post-grant review of business method patents. The new procedure is a result of the Leahy-Smith America Invents Act (AIA) and is referred to as the...more

California Congressman Floats Draft Legislation That Would Make Fundamental Changes To Intellectual Property Litigation At The...

Congressman Devin Nunes (R-CA) has prepared draft legislation that would make significant changes to intellectual property litigation at the U.S. International Trade Commission. Such proceedings are conducted pursuant to...more

The Impending Domain Name Explosion: Why Brand Owners Must Pay Attention on "Reveal Day" June 13

After years of preparation and a decidedly rocky start to ICANN’s New gTLD Program due to a glitch in the gTLD application system, the applications are in, and ICANN will soon begin evaluating the TLD candidates. First,...more

Post Grant Review: Is Your Business Prepared?

Since the passage of the America Invents Act (AIA) in September, questions have ensued regarding the implementation of post-grant review (PGR). Proponents of PGR believe that it will provide another avenue for challenging...more

Federal Circuit Affirms Patent and Trademark Office’s Denial of Patentability Despite Federal Circuit’s Prior Holding of Validity

On May 17, the Federal Circuit held in In re Baxter Int’l Inc. that patentability can be defeated in an Inter Partes reexamination despite the same patent being held valid by a court. Fresenius USA Inc. challenged U.S....more

"Suggestion" of Mootness or, alternatively, Motion for Remand in AMP v. USPTO

One of the interesting and unresolved issues in the Association for Molecular Pathology v. U.S. Patent and Trademark Office case ("Myriad") involves whether the Federal Circuit, or any U.S. court, has jurisdiction to hear the...more

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