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Heavy Uptick in Patent and Trademark Mass Mailers

Mass mailers have been around in the U.S. since at least 1835.i Most are innocuous. “10% off at your local pizzeria.” “Weekly specials on bananas and ground beef at your local grocery.” Rarely do they catch your attention or...more

Supreme Court Upholds PTAB and Clarifies USPTO Director Power Under 35 U.S.C. § 6(c)

In Arthrex v. Smith & Nephew, the Supreme Court determined: (i) whether the authority of Administrative Patent Judges (APJs) to issue decisions on behalf of the Executive Branch is consistent with the Appointments Clause of...more

Federal Circuit Overhauls Rules of Practice and Forms: Important Takeaways

Yesterday, the Federal Circuit issued extensive revisions to the 2019 Rules of Practice and also overhauled the vast majority of its required filing forms. While all practitioners should take a comprehensive review of the...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 3

2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review - 2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more

U.S. Canna-Patents After the 2018 Farm Bill

Almost one year ago, the 2018 Farm Bill was signed into law, and, for the first time, hemp and hemp-derived cannabidiol (CBD) were federally legalized. Under the statute, legal hemp is defined as “the plant Cannabis sativa L....more

2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review

2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s issuance of a Trial Practice Guide July 2019 Update, but also a number of...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

USPTO Issues CBD Trademark Guidelines in Light of 2018 Farm Bill: Key Takeaways

Last week, the U.S. Patent and Trademark Office released its new guidelines on how it will examine federal trademark applications for cannabidiol (CBD) products in light of the 2018 Farm Bill. While these new guidelines are...more

Evaluating § 101 Case Law After Alice, U.S. Global IP Positioning, Improvements to PTAB Practice, and Other Key Takeaways from a...

“We live in an age where IP is important, so we need to focus on how we use it to our greatest benefit.” – Andrei Iancu, USPTO Director, February 19, 2019, Chicago, IL. MBHB recently co-sponsored a fireside chat between...more

PTAB Issues Final Written Decision in Cannabis Patent IPR

On January 3, 2019, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in Insys Development Co., Inc. v. GW Pharma Ltd. (IPR2017-00503), a landmark inter partes review...more

Canada Legalizes Cannabis, Time to Re-evaluate Your Canna-IP Protection?

Canada became the second country in the world to legalize cannabis across the board. As much of the world wonders what will become of this "national experiment," many of us in the IP industry contemplate the impact Canada's...more

GW Pharmaceuticals Wins FDA Approval of First CBD Drug

On June 25, 2018, GW Pharmaceuticals plc and its U.S. subsidiary, Greenwich Biosciences, made history in the cannabis industry by winning FDA approval of the drug Epidiolex, a cannabidiol (CBD) oral solution for the treatment...more

WesternGeco LLC v. ION Geophysical Corp. (2018)

On Friday, June 22, 2018, the Supreme Court reversed the judgment of the Federal Circuit in WesternGeco LLC v. ION Geophysical Corp. Justice Thomas (joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Alito,...more

Considerations for Canna-Patent Owners and Applicants in Light of Insys Development Co. v. GW Pharma Ltd.

For companies in the cannabis industry seeking to protect their innovations, patent protection is typically available for cannabis-related inventions (including the plant itself), just like it is for any other invention—they...more

What You Can Do to Prevent Multiple Petitions (or How You Can Successfully File One) -- Part I: The PTAB's "Multiple Petition...

As an endcap to a recent webinar Andrew Williams and I did on the most important PTAB stories from the past year, I addressed the effects that multiple, often serial, petitions can have on patent owners and their patents, and...more

Sessions's War on the Cole Memo and the New Frontier for the Canna-IP Industry

Since Attorney General Jeff Sessions was sworn in, the cannabis industry has been watching and waiting to see if he would indeed keep his word to crack down on state-legal cannabis businesses. On January 4, 2018, just four...more

Biotech Institute's Growing Patent Portfolio -- U.S. Patent No. 9,095,554 and the Path Forward

As with any billion dollar market, patents are an important consideration for the cannabis industry. Despite its current classification as a Schedule I drug under the Controlled Substances Act, however, the U.S. Patent and...more

11/17/2017  /  Biotechnology , Marijuana , Patents , USPTO

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 3

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? - On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more

High Risk, High Reward: An Overview of Navigating IP Rights in the Green Rush

The legal U.S. cannabis market, which includes medicinal and recreational sales, is booming. Last year alone, the industry accumulated an estimated $7.2 billion in revenue, and that number is projected to grow to $21.2...more

Charting the Waters of International Service Requirements in the Wake of Water Splash v. Menon

Partially obscured by the significant patent venue ruling in TC Heartland, another decision issued by the Supreme Court on the same day, Water Splash v. Menon, presents guidance for multinational plaintiffs and defendants...more

SCOTUS: Supreme Court Holds Disparagement Clause of the Lanham Act Violates the Free Speech Clause of the First Amendment

On June 19, 2017, in Matal v. Tam, previously Lee v. Tam, the Supreme Court handed down its most impactful interpretation of the disparagement clause of the Lanham Act to date by holding that at its intersection with the...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 2

Preparing patent applications for examination at the United States Patent and Trademark Office (USPTO) requires proficient writing, detailed knowledge of the requirements of the Patent Act, and technical acumen. Once a patent...more

The Status of Counterfeiting

Viewed as “one of the most pressing issues of economic and national security facing our country,” intellectual property (IP) theft, particularly counterfeiting, has been characterized as a “tremendous and ever-increasing...more

Practice Tips for Copyright Owners in the Wake of Star Athletica v. Varsity Brands

After considering almost a year’s worth of substantive briefing (including fifteen separate amicus briefs), oral argument, at least ten distinct tests employed in courts throughout the country, as well as numerous novel tests...more

Intellectual Ventures I LLC v. Symantec Corp. -- Judge Mayer on the First Amendment

Decided September 30th, this Federal Circuit case is already making waves. The majority opinion seems to be at tension with the Court's outcome in BASCOM Glob. Internet Servs., Inc. v. AT&T Mobility LLC, but the real...more

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