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Intellectual Property Updates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order...

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more

Patent Legislation on the Hill: Senators Introduce the STRONGER Patents Act of 2017

by Ropes & Gray LLP on

Although the America Invents Act was enacted less than six years ago, the appetite for intellectual property legislation in D.C. has continued unabated over the last several years. In addition to the recent Defend Trade...more

GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)

District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits - Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S....more

GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)

District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits - Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S....more

Sweet as Candy? Sugarfina takes Competitor to Court

by Robins Kaplan LLP on

On June 15th, Sugarfina Inc. (“Sugarfina”), a gourmet candy boutique, sued one of its competitors, Sweet Pete’s LLC (“Sweet Pete’s”), accusing Sweet Pete’s of trade dress, copyright, trademark, and patent infringement, as...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

The Supreme Court Clarifies Patent Rights After a Patented Item is Sold

by Miles & Stockbridge P.C. on

On May 30, 2017, in Impression Products, the U.S. Supreme Court ruled that a patent owner’s sale of an item, either within or outside the United States, exhausts all of the patent owner’s patent rights in that item,...more

KISS That Trademark Application Goodbye

by Dorsey & Whitney LLP on

We recently provided some commentary on Gene Simmons and his application to register the “devil horns” rock and roll hand symbol. Well, you can now KISS that application goodbye, as Mr. Simmons has expressly abandoned his...more

Federal Circuit PTAB Appeal Statistics – June 2017

by Finnegan – AIA Blog on

Through June 1, 2017, the Federal Circuit decided 210 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 155 (73.81%) cases, and reversed or vacated the PTAB on every issue in 22...more

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect...more

Supreme Court: Biosimilar Applicants May Provide Commercial Marketing Notice Before FDA Approval

by Jones Day on

On June 12, 2017, the U.S. Supreme Court decided two important questions under the Biologics Price Competition and Innovation Act ("BPCIA"), which provides an abbreviated pathway for the approval of generic biologics: (i) the...more

Calculating Patent Term Adjustment: Part 1

This article is first in a series focusing on various issues related to Patent Term Adjustment. Part 1 is a general overview of how to calculate patent term adjustment, without addressing the numerous factors that can affect...more

Is Congress Finally Getting Serious About Curtailing Design Patents in the Auto Industry?

by Foley & Lardner LLP on

In recent years, OEMs have been growing their design patent portfolios at a rapid pace. Specifically, OEMs have been securing patent protection on replacement parts, including bumpers, fascias, light fixtures, mirrors, hoods,...more

What’s in a name? Alleviating Confusion About Trademarks

by PilieroMazza PLLC on

“You ask, ‘What’s in a name?’ I answer, ‘Just about everything you do.’” – Morris Mandel - The name of your company is important. It is the proper noun that identifies the company. It is the official name under which the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the...more

Chief Judge Stark Denies Defendants’ Motion For Reargument Of Court’s Order Holding Defendants Liable For Costs Of ANDA Litigation...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in UCB, Inc., et al. v. Watson Laboratories, Inc. et al., Civil Action No. 14-1083-LPS-SRF (D.Del., May 19, 2017), the Court denied Defendants’ motion for...more

Supreme Court Rules “Disparagement Clause” of the Lanham Act Unconstitutional

On June 19, 2017, the Supreme Court ruled that the 70-year-old federal ban on offensive trademarks is unconstitutional. The “disparagement clause” of the Lanham Act prohibits registration of trademarks “which may disparage...more

An Early Look at the Impact of Oil States

On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Servs. LLC v. Greene’s Energy Grp., LLC, No. 16-712 (U.S. Jun. 12, 2017). The Supreme Court will review whether the Constitution permits the PTAB, a...more

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

by Jones Day on

Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more

Missed opportunity: Federal Circuit Again Offers No Clarifying Insight on Alice’s Two-Step Framework

On June 16, the Federal Circuit upheld the District Court’s decision in The Cleveland Clinic Found. V. True Health Diagnostics. Plaintiffs brought suit alleging Defendant infringed three patents (U.S. Patent Nos....more

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

“I googled it”: Generic Words and Trademark Rights

by Field Law on

A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service....more

Providing a Service Alone is not Contributory Infringement

In the Cleveland Clinic Foundation v. True Health Diagnostics LLC, [2016-1766](June 16, 2017), the Federal Circuit affirmed that the asserted claims of U.S. Patent Nos. 7,223,552; 7,459,286; and 8,349,581 are not directed to...more

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

by Bass, Berry & Sims PLC on

This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks....more

Recognicorp, LLC v. Nintendo Co. -- Petition for En Banc Rehearing and Amicus Briefs

Proceedings for infringement of U.S. Patent No. 8,005,303 (Recognicorp, assigned from IQ Biometrix) resulted in an appeal decided on 28 April 2017, which decision was reviewed in this space by Michael Borella, and also...more

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