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
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
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
6/6/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Copyright ,
Design Patent ,
Due Diligence ,
Farm Bill ,
Food and Drug Administration (FDA) ,
IP License ,
Lanham Act ,
Licenses ,
Licensing Rules ,
Open Source Software ,
Patent Ownership ,
Patent Validity ,
Patents ,
Software ,
Software Patents ,
Trademarks ,
USPTO
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
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
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
Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine -
The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded...more
With the rise of the legalized cannabis industry, there is also a rise in legal questions about how to protect the cannabis-related inventions being developed by the industry. Many practitioners do not appreciate that there...more
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
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
9/18/2017
/ Defend Trade Secrets Act (DTSA) ,
Forum Selection ,
Intellectual Property Protection ,
Marijuana ,
Misappropriation ,
Patents ,
Principal Place of Business ,
TC Heartland LLC v Kraft Foods ,
Trade Secrets ,
Venue ,
Water Splash v Menon
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
In This Issue:
- After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
- When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more
6/3/2015
/ America Invents Act ,
B&B Hardware v Hargis Industries ,
CLS Bank v Alice Corp ,
Copyright ,
Copyright Infringement ,
Covered Business Method Patents ,
Estoppel ,
Intellectual Property Litigation ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Software ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In This Issue:
- Prior Art Redefined Under the AIA
- PTAB Holds a Firm Line on Additional Discovery
- The Art of Prior Art Searching
- Anticipating a Federal Trade Secret Law
- Trademark...more
11/26/2014
/ Additional Discovery ,
America Invents Act ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patentability Search ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Secrets ,
USPTO
The America Invents Act’s (“AIA’s”) overhaul of the U.S. Patent law system has significantly redefined what constitutes available prior art that can be used to reject patent applications or invalidate patents. Thanks to the...more
In This Issue:
- The Analysis for Design Patent Infringement Post-Egyptian Goddess
- Supreme Court Issues Decision in Alice Corp. v. CLS Bank
- Capitol Records, LLC v. Pandora Media, Inc.: Future of...more
8/27/2014
/ Capitol Records ,
CLS Bank v Alice Corp ,
Copyright ,
Design Patent ,
Digital Media ,
Music Industry ,
Pandora ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
SCOTUS
Robin Thicke’s massively popular and controversial “Blurred Lines” song has captured much public attention, including the attention of the family of Marvin Gaye who accused Thicke of using elements of Marvin Gaye’s song, “Got...more
In This Issue:
Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more
5/13/2013
/ America Invents Act ,
China ,
Costco ,
Fees ,
First-to-File ,
Generic ,
Inventors ,
Micro Entity Status ,
Misappropriation ,
Patent Reform ,
Patents ,
Tiffany and Company ,
Trade Secrets ,
Trademarks ,
USPTO
Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when...more
In This Issue:
Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more
2/19/2013
/ Biotechnology ,
Discovery ,
Exemptions ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Infringement ,
Integra ,
InterDigital Communications v ITC ,
Merck ,
Non-Practicing Entities ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prioritized Examination ,
Safe Harbors