Intellectual Property Constitutional Law

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

The Apparently Never-Ending Story of Bard v. W.L. Gore - Bard Peripheral Vascular Inc. and C.R. Bard, Inc. v. W.L. Gore &...

In a case centered about patent that matured from an application filed 40 years ago, a case that has been pending for 12 years and that just completed its fourth engagement at the appellate level, the U.S. Court of Appeals...more

The Iron Law of Unintended Consequences - (with apologies to Robert Michels)

It is a certainty that no matter what action is taken (by an individual, a group, or especially a legislative body) that there will be unintended consequences. It is also true that those unintended consequences, like the...more

Trademarks That Violate Public Policy

As our friend John Welch reported last week,  the place to be on March 10, 2015, is Washington, D.C., at the 25th Annual “PTO Day,” sponsored by the Intellectual Property Owners Association: John will be part of the panel...more

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered...more

Magistrate Recommends Certain Declaratory Judgment Claims Of Non-Infringement Be Dismissed With Leave To Amend

Burke, M.J. Magistrate issues a Report and Recommendation, recommending that defendants’ motion to dismiss for lack of subject matter jurisdiction be granted in part and denied in part. Oral argument was heard on November 20,...more

Celebrity Trademark Watch: Can Taylor Swift Shake Off Accusations of Trademark Greed?

Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one...more

Supreme Court Update: TEVA Pharmaceuticals USA V. Sandoz (13-584); Department Of Homeland Security V. Maclean (13-894); Holt V....

Greetings, Court fans! While we in New Haven were more-or-less spared having to dig out from "Winter Storm Juno" (aka "snowbigdeal"), it's taken us a while to dig out from the Court's recent pile of opinions. With this...more

Court of Appeal of Alberta Upholds Employers Anton Piller Order

Among the Court of Appeal of Alberta’s first decisions of the New Year, was its decision in Peters & Co Limited v Ward, 2015 ABCA 6 (CanLII), regarding the matter of an Anton Piller Order obtained by an employer, an...more

Trademark use within an expressive work must only pass the Rogers test, not a likelihood of confusion analysis: Mil-Spec Monkey v....

The likelihood of confusion test is often called the “cornerstone” of trademark infringement law. It may be in many circumstances, but it does not apply to allegations of infringement within expressive works, as the recent...more

For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

International Trade Commission Clarifies the Requirements for Standing in a Patent Infringement Investigation at the ITC

The International Trade Commission (ITC) recently issued an opinion clarifying the requirements for standing in patent infringement suits at the ITC. On January 7, 2015, the Commission issued the public version of its opinion...more

First Amendment Protects Use of Third-Party’s Trademark in Video Game

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. et al. - Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a California...more

Challenge to Patent Validity by a Licensee

The United States Supreme Court has issued a decision which some commentators believe may increase the risk that patent licensees will challenge the validity of patents under which they are licensed....more

Advertising Law - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

Valencia v. Universal City Studios LLC

USDC, N.D. Georgia, December 18, 2014 - District court dismisses all claims of hip-hop dancer Honey Rockwell, who alleged that films Honey and Honey 2 violated her privacy rights and trademark rights, holding that some...more

Do You Have To Be The Owner Of A Trade Secret To Sue For Misappropriation?

Can an exclusive licensee of a trade secret sue for its misappropriation? Maybe, even though North Carolina's version of the Uniform Trade Secrets Protection Act reserves the right to sue to an "owner." N.C. Gen. Stat....more

Standing Requires Articulation of Jurisdictional Facts

E*Trade Financial Corp. v. Droplets, Inc. - Addressing a petition for a covered business method (CBM) patent review, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) denied...more

Top Stories of 2014: #15 to #18

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Oral Assignment Ineffective to Convey Patent Rights and Subsequent Assignment too Late to Save Complaint from Dismissal with...

The plaintiff, Freed Designs, Inc. ("Freed Designs"), filed a patent infringement action defendant Sig Sauer. Robert Freed is the sole inventor of the '764 Patent, titled "Grip Extender For Hand Gun." Freed is also the sole...more

USA: Do Athletes Have Rights of Publicity in Live Broadcast Footage? Minnesota Court Offers Guidance

U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more

Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

PTAB Will Not Review Contract Issues Even if They Relate to Standing

Whether a Petitioner breached a contract, that limited its ability to challenge a patent, is an issue outside the purview of the PTAB, per a recent decision in Ford Motor Company v. Paice LLC & The Abell Foundation, Inc.,...more

Sandoz Was Disinvited to the Patent Dance: The Federal Circuit's First Interpretation of the BPCIA Will Have to Wait

Since the 1984 enactment of the Drug Price Competition and Patent Term Restoration Act, Hatch-Waxman litigation has dominated the sphere of life-sciences patent litigation. The battle between proprietary and generic...more

586 Results
|
View per page
Page: of 24

Follow Intellectual Property Updates on: