News & Analysis as of

Intellectual Property Updates

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

PTAB Denies PGR Petition Due To Related Application

by Jones Day on

By Dave Maiorana By now, most PTAB practitioners are familiar with 35 U.S.C. § 325(d), which gives the Board the authority to deny institution of a post-grant proceeding because the same or substantially the same prior art or...more

Global Intellectual Property Indicator in 2017 Published by WIPO

World Intellectual Property Organization (WIPO) published its annual report, Global Intellectual Property Indicator 2017, on January 8, 2018. The report is 226 pages long and contains mostly statistics and colorful graphs....more

Out Of Time? Federal Circuit Reverses Course On Review Of PTAB Time-Bar Determinations

by Orrick - IP Landscape on

En Banc Decision Remanding to Panel for Consideration of Merits of Petitioner’s Time-Bar Appeal, Fed. Cir. (January 8, 2018) - The Federal Circuit, sitting en banc, found that the decision of the Patent Trial and Appeal...more

Rising Tensions As Trump Administration Prepares To Announce Results Of Section 301 Trade Investigation Into China’s Alleged...

As we previously reported, on August 14, 2017, President Trump signed an executive memo asking U.S. Trade Representative Robert Lighthizer to determine whether to launch an investigation into China’s alleged theft of...more

Blog: Nevada Issues Regulations and Guidance Related to Pharmaceutical Manufacturer Transparency Reporting Requirements

by Cooley LLP on

The Nevada Department of Health and Human Services (Department) recently released draft regulations implementing SB 539, which was signed into law in June 2017. The regulations require drug manufacturers and pharmacy benefits...more

Trends In Patenting Blockchain Technologies

by Fox Rothschild LLP on

With the recent rise in values of cybercurrencies such as bitcoin, and with increasing interest in initial currency offerings (ICOs), businesses around the world are rushing to build value with new blockchain technologies and...more

Judge Andrews Issues Markman Ruling In Infringement Action Construing Eight (8) Disputed Terms In Patents-In-Suit

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del. January 17, 2018) (consolidated), the Court rendered its Markman...more

District Court Cannot Rely Solely on PTO’s Determinations to Find Patent Not Invalid

In Exmark Manufacturing Co. v. Briggs & Stratton Power Products Group, No. 2016-2197 (Fed. Cir. Jan. 12, 2018), the Federal Circuit vacated the district court’s grant of summary judgment that Exmark’s asserted patent was...more

More Aqua Products Fallout -- Taiwan Semiconductor Manufacturing Co. v. Godo Kaisha IP Bridge

In November, Chief Judge David P. Ruschke of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board issued a memorandum entitled "Guidance on Motions to Amend in view of Aqua Products" (see "PTAB Motions to...more

The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

by Snell & Wilmer on

The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more

Anything Your Heart Designs: Swarovski Hit with Copyright Infringement of Galatea’s “Two In One Heart” Design

by Knobbe Martens on

On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more

Prosecution History Informs Claim Meaning Even Without Unmistakable Disclaimer

by Foley & Lardner LLP on

Although non-precedential, the Federal Circuit decision in Aptalis Pharmatech, Inc. v. Apotex Inc. is worth a read to see how the court “tiptoes” the “fine line between reading a claim in light of the specification, and...more

9 Top Trade Secrets You Need to Protect Now

by Revision Legal on

In practice, a trade secret can be pretty much anything. The federal Trade Secrets Act, 18 U.S. Code § 1839(3), defines a “trade secret” as...more

Twitter Flying Too Close to TWIT Mark With Video Content

Twitter, the social media giant, is being sued by its internet cousin, TWiT. TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content. TWiT owns the registered...more

Federal Circuit Breathes More Life Into Divided Infringement

by Foley & Lardner LLP on

Enforcing a patent with claims that raise the specter of divided infringement can be a difficult plight for patent owners. Even under the more liberal standard set forth in the Federal Circuit’s en banc decision in Akamai v....more

Arguing Connections and Relationships in Patent Claims

by Womble Bond Dickinson on

During examination of claims in a patent application, claim rejections from the USPTO (United States Patent and Trademark Office) under 35 USC §102 and/or 35 USC §103 usually assert that one or more cited references show all...more

Can Evidence of Noninstitution of an IPR be Introduced in District Court? Yes and No

by Jones Day on

With institution rates of IPR petitions continuing to slide, and with district courts determining (depending on narrow or broad readings of the Shaw case) how estoppel may or may not apply in district court to noninstituted...more

Notice - It's What's Required

The U.S. Constitution guarantees due process before a person can be deprived of life, liberty, or property. The Administrative Procedure Act (APA) enforces the due process protection in the USPTO and Board proceedings. Under...more

Justice (and Lunch) is Served: Second Circuit Holds that Food Truck Branded with Ethnic Slurs is Entitled to First Amendment...

In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs. Wandering Dago,...more

ALJ Emphasizes Importance of Procedural Schedule

by Jones Day on

In a recent order, Administrative Law Judge Bullock granted Respondents Fujifilm Holdings Corporation, Fujifilm Corporation, Fujifilm Holdings America Corporation, and Fujifilm Recording Media U.S.A., Inc. (collectively,...more

Louis Vuitton Not Liable for Attorneys’ Fees in Case of Parody Handbags

by Dorsey & Whitney LLP on

In January 2016 and January 2017, we blogged about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis Vuitton’s iconic...more

FDA Accepts Sandoz aBLA for Adalimumab Biosimilar

by Goodwin on

Sandoz, a division of Novartis, announced on Tuesday that the FDA has accepted for review its BLA under the 351(k) pathway for a biosimilar candidate to AbbVie’s Humira (adalimumab). According to the press release, adalimumab...more

Army v. NHL – Another Challenge for Vegas Golden Knights

Another update on my series of posts following the trademark troubles of the NHL newest expansion team, the Las Vegas Golden Knights....more

Advances in Polish IP Law, part 2: Trademarks – graphic representation, renewal, partial transfer & enforcement by licensees

by Hogan Lovells on

The recently published draft of the Act amending the Industrial Property Law (14 November 2017) introduces fundamental changes in the provisions on trademark protection. Currently, the bill is being agreed upon in the Council...more

Supreme Court To Consider Availability Of Extraterritorial Patent Infringement Damages

by Brooks Kushman P.C. on

On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States, or whether a...more

24,946 Results
|
View per page
Page: of 998
Cybersecurity

Follow Intellectual Property Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.