Sterne, Kessler, Goldstein & Fox P.L.L.C.

Hashtag Trademarks: #ItsAllAboutTheUse

Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign - #) as a way to both engage consumers and track social media posts regarding a specific product or topic. Not surprisingly, the increased…more
| Communications & Media Law, Intellectual Property

Changes in U.S Certification Mark Requirements

The U.S. Patent and Trademark Office (USPTO) recently issued a final rule codifying current USPTO practice relating to certification marks. Certification marks are used by authorized users to indicate the following: (1)…more
| Communications & Media Law, Intellectual Property

MarkIt to MarketTM | June 2015

In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The June…more
| Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Federal Circuit alters functional claiming landscape in Williamson v. Citrix Online, LLC

In Williamson v. Citrix Online, LLC, No. 2013-1130, the Federal Circuit recently overruled earlier precedent and eliminated the “strong” presumption that a functional claim limitation lacking “means” language does not invoke 35…more
| Civil Procedure, Intellectual Property

Practice Considerations Post Kimble v. Marvel

The U.S. Supreme Court’s recent decision in Kimble et al. v. Marvel Entertainment, LLC, rejuvenates a 50-year old rule addressing patent royalties, bringing it to the forefront of patent and licensing practice. On June 22, 2015,…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Federal Circuit Issues First Reversal & Remand of an Inter Partes Review in Microsoft Corporation v. Proxyconn, Inc. Addressing Claim Construction and Amendment Standards

The Federal Circuit issued its first reversal and remand of a final decision in an inter partes review issued by the Patent Trial and Appeal Board (“PTAB”). In Microsoft Corporation v. Proxyconn, Inc., No. 14-1543, a panel…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Design Patent Case Digest: Apple Inc. v. Samsung Electronics Co., Ltd.

Decision Date: May 18, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D593,087; D604,305; D618,677 - Holding: Judgment of trade dress dilution REVERSED; judgment of patent validity and…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Act II: Oral Argument in Amgen v. Sandoz is heard at the Court of Appeals for the Federal Circuit

The Court of Appeals for the Federal Circuit yesterday heard oral arguments on the applicability and interpretation of two key provisions of the Biologics Price Competition and Innovation Act (BPCIA). Briefly, oral argument…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

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. …more
| Communications & Media Law, Intellectual Property

Changes in Russian Trademark Law

Brand owners interested in protecting their intellectual property in Russia should be aware of two recent important changes to Russian trademark law. A win for senior trademark rights holder: Publication of trademark…more
| Civil Procedure, Intellectual Property, International Law & Trade

Counterfeiting – Bad Business for E-Commerce Websites

Everyone knows that counterfeiting is bad business for brands – it weakens consumer confidence and brand loyalty, erodes goodwill, and creates liability issues -- but this month online retailer Etsy learned that counterfeiting…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

MarkIt to Market - May 2015

The May issue of Sterne Kessler's MarkIt to MarketTM newsletter covers the negative impact of counterfeiting on e-commerce websites, recent changes in Russian trademark law, and an updated list of the Sunrise periods currently…more
| Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Commil USA, LLC v. Cisco Systems, Inc.

While the Supreme Court’s section 101 decisions may garner the biggest headlines, the high court has also invested significant efforts in the area of induced infringement. Commil v. Cisco, decided on May 26, 2015, marks the…more
| Civil Procedure, Intellectual Property

FDA releases additional draft guidance regarding implementation of BPCIA

On April 28, 2015, FDA released three final versions of guidance documents relating to biosimilars that were initially released in February 2012. One of the guidances provided Questions and Answers regarding implementation of…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Design Patent Case Digest: Kreative Power, LLC v. Monoprice, Inc.

Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC sued…more
| Civil Procedure, Intellectual Property
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