IP|Trend: Inter Partes Review: Is It Still Right For You?
IS THE A IN ANDA BEGINNING TO MEAN ANTITRUST?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Bill Beutler on Editing Wikipedia
Inter Partes Review Appeals: What You Need to Know
The AIA Has Moved the Cheese
Emerging Markets: Opportunity, Risk, and What it Means for Brand Protection
How is Graphene Currently Used and What is the Hope for the Future?
Derivation Proceedings: What You Need to Know
What is Graphene? Fenwick Patent Attorney Has the Answer
Examining Trends in Worldwide Design IP Filings
Two Tips for Inventors Filing Patent Applications
Track One and the Patent Prosecution Highway
The Intersection Between Intellectual Property Law and Employment Law
Lessons from Nautilus v. Biosig at the Supreme Court
Examining the Impact of the Supreme Court's Limelight v. Akamai Decision
FCPA Compliance and Ethics Report-Episode 72-interview with Michael Rasmussen
The Evolution of Trade Secret Damages
The Art of Communicating to a Jury
The Evolution of Patent Damages
Protection Mechanisms in the United States.
After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more
Mediation is a well-accepted means of dispute resolution and an alternative to litigation -
Patent litigation can be extremely expensive and time consuming. A patent infringement case of even moderate complexity can...more
What a Trademark is and What it Does.
A trademark is any word, name, symbol, or device, or combination thereof, used to identify and distinguish the goods (i.e., products) of one supplier from those of others. A...more
When making an advertisement, what is okay?
• Identifying a competitor’s product in the advertisement to make a true comparison
• Making a true statement about your product or a competitor’s product that is based on...more
On September 2nd, the Patent Trial and Appeals Board (PTAB) entered judgment in an inter partes review styled Ariosa Diagnostics v. Isis Innovation Ltd. (IPR 2012-00022). The Board found that Ariosa demonstrated, by a...more
I. Determining the Strength of Your Mark.
The strength, or scope, of a trademark as used in the marketplace is determined by a multi-factored analysis called the likelihood of confusion test, and the scope can differ...more
In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an...more
On September 9, 2014, the U.S. Food and Drug Administration (“FDA”) published the first edition of the Purple Book: Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or...more
The contraction of patent eligible subject matter under 35 U.S.C. 101 that Alice, Mayo, Bilski, and other recent court cases have triggered has placed a cloud of uncertainty over a large number of patents. Fortunately,...more
This past week, the Food and Drug Administration (FDA) announced the creation of the “Purple Book,” which will list all biological products, including any biosimilar and interchangeable biological products, licensed by the...more
Prosecution and litigation of patents in foreign jurisdictions may have an impact on the enforcement of their corresponding U.S. patent rights -
In today’s global marketplace, it is common for patent owners to file for...more
If you were planning on letting the U.S. Patent and Trademark Office know how you feel about the use of the "Broadest Reasonable Interpretation" standard for claim construction during PTAB trials or the near impossibility of...more
Conair Corporation v. Jarden Corporation et al.
Case Number: 1:13-cv-06702 -
Jarden (maker of “Mr. Coffee” brand expresso [should “expresso” be “espresso” throughout?], cappuccino and latte machines) asked the...more
Airline Rewards Conversion Method Invalid Under Alice and Bilski -
On September 2, 2014, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, ruled that two patents on a...more
On June 18, 2014, Python Safety, Inc. (“Python”), of Woodstock, GA filed a complaint against Ty-Flot, Inc. (“Ty-Flot”), of Manchester, NH, alleging federal trade dress infringement and unfair competition, infringement of US...more
So, you’re about to raise money for the first time. Good luck! Before you start approaching VC firms for pitch opportunities, though, be aware that investors typically expect a certain amount of organization and structure...more
In Hewlett-Packard Company v. MCM Portfolio LLC, IPR2013-00217, Paper 32 (September 12, 2014), after the issuance of its Final Written Decision...more
Last month, Wikimedia (the operator of Wikipedia) again refused the request of British photographer David Slater to remove a picture of a monkey from the Wikimedia Commons database of publicly available photographs....more
This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Millennium Pharmaceuticals Inc. v. Glenmark Pharmaceuticals Ltd. et al. 1:14-cv-01156; filed September 10, 2014 in the...more
Advancements in the technology for the development of shale gas resources are expected to open doors to exploitation of shale gas reserves worldwide. In that context, we look at the scope of protection and the issues...more
Endo Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.
Case Number: 1:12-cv-08060 -
Patentee Endo asked the court to rule that the protective orders in the patent infringement cases it filed...more
September 2014 marks 30 years since the Hatch-Waxman Amendments (Hatch-Waxman) to the Food, Drug, and Cosmetic Act (FD&C Act) introduced generics as we know them. Hatch- Waxman strove to offer consumers the benefits of “rapid...more
..Disappearing ink. Facebook is testing, for a small group of users, a feature that will permit a user to schedule a post for automatic deletion after a specified period of time. It seems that the period can range from an...more
When we first addressed inter partes review (IPR), it was in its infancy. Now with almost two years under its belt, we’ve learned a lot about how IPR works and how some of the results have played out in practice. Attorneys...more
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