Intellectual Property Updates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

USPTO Releases Examples for Interim Examination Guidelines for Determining Patent Eligibility Under 35 U.S.C. § 101

On January 27, 2015, the U.S. Patent & Trademark Office (USPTO) released examples to supplement the 2014 Interim Guidance on Patent Subject Matter Eligibility (the interim guidelines), which were released in December 2014. ...more

Foster v. Lee - USDC, S.D. New York, February 25, 2015

Plaintiff Lelanie Foster, a freelance photographer, conducted a photo shoot for JJ Eyelashes, a business that produces silk eyelash extensions and owns several salons at which those eyelashes are made available for sale and...more

USPTO Launches Enhanced Patent Quality Initiative

In a notice published in the Federal Register last month (80 Fed. Reg. 6475), the U.S. Patent and Trademark Office announced that it is launching a comprehensive and enhanced patent quality initiative. As part of this...more

Tangible Claim Elements Failed to Save Abstract Business-Method Patent - Dell Inc. v. Disposition Servs. LLC

Further clarifying its views on subject-matter eligibility, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) determined that a patent describing the disposal of obsolete assets—for example,...more

Advertising Law - March 2015

NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands - A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more

“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising

On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering...more

February 2015: Patent Litigation Update

Supreme Court to Review Good Faith Defense to Patent Inducement Claims. Last month in Commil USA, LLC v. Cisco Systems, Inc., 720 F.3d 1361 (Fed. Cir. 2013), cert. granted in part, No. 13-896, 2014 WL 318394 (U.S. Dec. 5,...more

Mobile Medical’s Validity Experts Get To Stay Behind The Wheel

As the established gatekeepers with respect to expert testimony, district courts have broad discretion on whether to admit or exclude such evidence. The Vermont district court recently opted to deny patentee defendant...more

Another IPR Petition Comes Up Short for Failing to Adequately Show Rationale to Combine

Many Patent Owners are finding success in undermining the challenge grounds of a Petition by arguing that the Petition fails to make an adequate showing that a person of ordinary skill in the art would have combined the...more

STRONG Patents Act Would Fix Micro Entity Gap

Senator Coons (D-Del) has introduced patent reform legislation that is similar to but different from the Goodlatte Innovation Act pending in the House. One section of S. 632 that does not have a parallel in H.R. 9 relates to...more

No Exception for Energy Management Patent—CBM Review Instituted - Opower Inc. v. Cleantech Business Solutions

In its decision to institute a covered business method (CBM) patent review of an energy management patent, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) agreed with the petitioner...more

Don’t Forget About Domain Names

One aspect of intellectual property law that doesn’t get as much attention as it maybe should is domain names. For those of you internet-savvy readers out there (who I assume is most of you), you already know that domain...more

Sports, Media and Entertainment Intelligence - March 2015 (Global)

BROADCASTING - Italy: Back to the future - connected TVs need "connected regulations" - The Italian Communications Authority recently adopted resolutions concerning changes in the broadcasting landscape....more

Top 5 Mistakes Brand Owners Make When Filing Their Own Trademark Applications

Entrepreneurs often choose not to spend money on legal fees as they are launching their businesses. Understandably, budgets are tight in a company’s early days, and when faced with the choice of spending money on a trademark...more

FCC's Decision on Net Neutrality Likely to Lead to Litigation

In a historic 3-2 vote on Thursday, February 26th, the Federal Communications Commission (FCC) voted to approve net neutrality rules aimed at governing Internet traffic. The FCC's decision would expand government oversight...more

Federal Circuit Clarifies Requirements for Use in Commerce of Service Trademarks

On Monday, the Federal Circuit issued its decision in Couture v. Playdom, clarifying that use in commerce for a service mark requires that the services be rendered before a registration can be granted. To obtain a federal...more

Unauthorized Use of Patented Grape Plants Not an Invalidating Public Use - Delano Farms Co. v. California Table Grape Comm’n

Addressing the issue of public use under 35 U.S.C. § 102(b) in the context of an unauthorized use open to the public, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s finding that the actions of...more

Magistrate Recommends Denying Motion To Allow Rule 54(B) Appeal

The disputed technology relates to equipment and software for locating mobile devices. A request to stay pending IPR was denied. The court thereafter found in a Report and Recommendation two claims invalid as indefinite on...more

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

Federal Circuit Rules Launching a Website or Other Advertising Alone Is Not Service Mark “Use”

Executive Summary - Launching a website or other advertising alone is not enough to prove “use” of a service mark. You must actually render the services you claim in connection with your service mark before you file...more

Legal Malpractice Claims Against Prosecuting Attorneys Belong in State Court - NeuroRepair, Inc. v. Nath Law Group

Addressing whether the federal district court had jurisdiction over state legal malpractice claims relating in part to the prosecution of patent applications, the U.S. Court of Appeals for the Federal Circuit held that the...more

STRONG Patents Act of 2015 -- An Alternative Patent Reform Bill

Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with...more

Must a Company Reveal Trade Secrets to Prove Trade Secret Theft

When you learn a former employee has stolen your trade secrets to take them across the street to benefit a competitor, your quickest remedy is to sue him and try to shut him down through an injunction. Oftentimes, the new...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2015 - Vol. 13, Issue 1

In This Issue: - Tips for Developing a Cost-Effective Foreign Patent Strategy - Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank - Amending...more

13,958 Results
|
View per page
Page: of 559

Follow Intellectual Property Updates on: