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

gTLD Sunrise Periods Now 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.... As of June 30,…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

The Distinctiveness Threshold for Stylization of Descriptive Marks

In a recent TTAB case, the Board considered whether a stylization of a descriptive term supports registration on the Principal Register. The short answer? It depends…more
| Administrative Law, Communications & Media Law, Intellectual Property

The Design Patent Case of the Century

On October 11, the United States Supreme Court will hear oral arguments in Apple v. Samsung, the first case before the court in more than 125 years involving a claim for design patent infringement..…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Mark It to MarketTM - July 2016

The July 2016 issue of Sterne Kessler's Mark It to MarketTM newsletter discusses an upcoming SCOTUS design patent case, In One Nation Enterprises and stylization of a descriptive term, and currently open gTLD Sunrise…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Federal Circuit Clarifies the “Commercial Offer for Sale” Prong of the On-Sale Bar

On July 11, 2016, a unanimous Federal Circuit en banc affirmed that The Medicines Company’s (“TMC”) use of third-party contract manufacturing services did not invalidate U.S. Patent Nos. 7,582,727 and 7,598,343 (the…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Evidence Alley: Lightweight Fabric: Admissibility versus Weight at the PTAB

Many parties in front of the Patent Trial and Appeal Board (Board) struggle with the handling of evidentiary issues. This struggle is heightened when expert evidence is the focus. In Tietex International, Ltd. v. Precision…more
| Administrative Law, Civil Procedure, Intellectual Property

Hot Topics: AIA Estoppel Provisions Clarified

The Federal Circuit’s recent decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., has shed some light on the estoppel provisions in America Invents Act (AIA) post-grant proceedings. Like the estoppels in the…more
| Administrative Law, Civil Procedure, Intellectual Property

Federal Circuit Backs Amgen on Key Provision of Biosimilars Statute

The Federal Circuit on Tuesday ruled that the 180-day notice of commercial marketing provision of the Biologics Price Competition and Innovation Act (BPCIA) is a requirement for all biosimilar applicants regardless of whether or…more
| Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Perspectives On The PTAB - Inaugural Issue

We are pleased to share this Perspectives on the PTAB newsletter. Its content is directed toward providing information and analysis of the decisions made by the Patent Trial and Appeal Board. We hope that this newsletter informs…more
| Administrative Law, Civil Procedure, Intellectual Property

gTLD Sunrise Periods Now 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. Please contact us or…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Saying It YOUR Way, On THEIR Website: Not a Registrable Service

When you create a social media profile on a platform such as Twitter, and engage with other Twitter users, are you creating your own online community? This question was at the heart of the TTAB's recent precedential decision in…more
| Communications & Media Law, Intellectual Property

When One Specimen Per Class May No Longer Be Enough

For use-based trademark applications filed under §1(a) of the Trademark Act, 15 U.S.C. §1051(a), applicants must submit the application along with one specimen per Class showing use of the mark for the covered goods and…more
| Administrative Law, Communications & Media Law, Intellectual Property

MarkIt to MarketTM - June 2016

The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes…more
| Administrative Law, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

The UK Has Spoken “Brexit” - But What Does This Mean for the IP Community?

The immediate reaction to Great Britain’s June 23, 2016 vote to leave the European Union (“EU”) (commonly referred to as “Brexit”) has been nothing short of hysterical. This paper focuses on what Brexit means for the…more
| Intellectual Property, International Law & Trade

MarkIt to MarketTM -- Special Brexit Edition

Brexit - What You Need to Know Today - 1. No immediate change: The UK's vote last week to leave the EU after 43 years marks the beginning of a legal procedure whereby the UK may start the formal process of withdrawing from…more
| Communications & Media Law, Elections & Politics, Intellectual Property, International Law & Trade
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