Intellectual Property Finance & Banking

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Polsinelli Podcasts - Hedge Funds Now Using IPR Challenges [Video]

The patent world is watching to see the ramifications of a recent patent challenge that observers are calling the first of a kind. It involves a recently filed IPR Petition by a Hedge fund. How might this impact the stock...more

Bernstein Shur Business and Commercial Litigation Newsletter #49

We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more

Investment Management and Hedge Funds – What’s Happening Now?

In This Presentation: - Trademarks – not just for consumer companies - Strength of a Trademark: Categories - Choosing a Trademark - Obtaining Protection – Common Law Rights - Obtaining...more

U.S. Supreme Court: Trademark Tacking Should Be Determined By the Jury

On January 20, 2015, the U.S. Supreme Court, in a unanimous decision written by Justice Sonya Sotomayor, issued its first trademark ruling in more than a decade. The Court held that “trademark tacking” is a factual issue...more

Online Banking Alert: Registration For .bank gTLD Opening Soon

The much-anticipated <.bank> generic Top Level Domain (“gTLD”) may be available to verified members of the banking community as early as June 2015. <.bank> is being touted by the operator, fTLD Registry, LLC. (“fTLD”), as a...more

Judge Hellerstein refused to stay case pending resolution of other cases involving the patents in suit

Intellectual Ventures I LLC, et al. v. Citigroup, Inc., et al. Case Number: 1:14-cv-04638 - Citigroup moved to stay this case, which involved five patents related to cyber security and the protection of customer...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

Supreme Court Update – Hana Financial v. Hana Bank

Sheppard Mullin’s intellectual property group prevailed before the United States Supreme Court in the trademark matter entitled Hana Financial v. Hana Bank.  574 U.S. ___ (2015).  Justice Sotomayor, writing for a unanimous...more

Tech Industry Bulletin

In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out...more

Intellectual Property Alert: The Supreme Court Points Courts to Juries on Issue of Trademark Tacking

On January 21, 2015, the Supreme Court issued a unanimous decision, affirming the ruling of the U.S. Court of Appeals for the Ninth Circuit, holding that trademark tacking is an inquiry that operates from the perspective of...more

Juries to Decide Trademark "Tacking"

On January 21, 2015, the U.S. Supreme Court in Hana Financial, Inc. v. Hana Bank, held that whether two trademarks are "legal equivalents" and thus may be "tacked" together for purposes of determining priority is a question...more

Post-Alice Patents in Ecommerce, Banking and Finance

Where are the post-Alice business method patents? Between January 1, 2015 and January 23, the USPTO issued 247 patents in class 705, the overall business methods classification. I reviewed the file histories of every...more

From .COM to .BANK: What You Need to Know About the Newest Internet Domain Name

In just a few months, the new .BANK Internet domain will open up to members of the financial services community. Many banks are already planning on taking advantage of this change and applying for this new verified, secure...more

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

Trademark “tacking” questions should go to a jury, SCOTUS rules

The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank. The district court had charged the jury with determining whether Hana Bank’s original mark,...more

Global Tax News - January 2015

A SWIFT LOOK AT OECD’S DISCUSSION DRAFTS ON BEPS PLUS ONE CHART SETTING OUT TIMELINES - During the short days before Christmas, when most of us were busy closing transactions or making last-minute year-end reviews to...more

Supreme Court Tackles Tacking Question in Hana

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial...

In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial...more

Supreme Court’s Trademark Tacking Decision: Possible Impact on Likelihood of Confusion?

The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of...more

Supreme Court Rules that Trademark “Tacking” Is a Question for the Jury

On January 21, 2015, the Supreme Court in Hana Financial, Inc. v. Hana Bank, No. 13-1211, unanimously held that whether different versions of a trademark may be “tacked” for purposes of determining priority is a jury...more

Supreme Court Holds That Trademark Tacking is an Issue for the Jury

In trademark law, rights in a trademark are determined by the date of the mark’s first use in commerce, and the party who first uses the mark in commerce has priority over other users. Under the doctrine of "tacking," under...more

Supreme Court Starts 2015 Off with Focus on Facts Shaping Intellectual Property Disputes

The U.S. Supreme Court kicked 2015 off with an intellectual property bang, issuing two important rulings earlier this week. Both decisions focus on the facts underpinning intellectual property disputes—who decides them and...more

Who A-Tacks a Decision on Tacking? U.S. Supreme Court Rules That Tacking Trademarks to Gain Earlier First Use Is a Question Of...

It’s a historic week for trademarks!  On January 21, 2015, the U.S. Supreme Court issued a decision in the case of Hana Financial, Inc. v. Hana Bank, which marks the high court’s first substantive ruling on trademarks in more...more

In Teva Pharmaceuticals USA, Inc. And Hana Financial, Inc., The Supreme Court Issues Two IP Decisions – One Deferring To Trial...

This week, the Court rendered two IP opinions in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (argued October 15, 2014) and Hana Financial, Inc. v. Hana Bank, No. 13-1211 (argued December 3, 2014) . Teva...more

Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers

In August 2014, GRQ Investment Management, LLC (GRQ) sued Financial Engines, Inc. and Financial Engines Advisors, LLC (collectively, Financial Engines), alleging that Financial Engines’ sale of account management and advisory...more

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