News & Analysis as of

Intellectual Property Products Liability

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

Fed. Cir. Affirms It: Facilitating Cross-Marketing Relationships an Invalid Abstract Idea

by Holland & Knight LLP on

On Tuesday, the Federal Circuit affirmed a District of Delaware decision without a written opinion. The Delaware decision, from late 2018, granted LinkedIn's motion to dismiss the plaintiff's patent suit, finding the asserted...more

Latham & Watkins LLP

Unilever – Too Big to Pay?

by Latham & Watkins LLP on

The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking.  On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever...more

Fenwick & West LLP

Developing a Patent Portfolio

by Fenwick & West LLP on

Intellectual property (IP) is the key asset for many startup companies. Patents are one of the primary tools for protecting the IP. Yet many founders view patents as a mysterious “black box” to be dealt with at a later time....more

Dorsey & Whitney LLP

The Supreme Court - November 15, 2019

by Dorsey & Whitney LLP on

This afternoon, the Supreme Court of the United States granted certiorari in the following cases: Google LLC v. Oracle America, Inc., No. 18-956: 1) Whether copyright protection extends to a software interface. 2) Whether,...more

Drinker Biddle & Reath LLP

October 2019 Patent Eligibility Guidance Update

by Drinker Biddle & Reath LLP on

Earlier this year, the United States Patent and Trademark Office (USPTO or “the Office”) published the 2019 Revised Subject Matter Eligibility Guidance (2019 PEG), which set forth newly revised procedures to be used by USPTO...more

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

Global Patent Prosecution - November 2019: Patent Law Amendments in Singapore - Closure of Reliance on the Foreign Examination...

A recent change in Singapore has done away with the ability of an applicant to rely on a positive foreign examination result or the international preliminary report on patentability (IPRP) to request supplementary...more

Hogan Lovells

USPTO warns attorneys to monitor trademark filings for fraudulent uses of attorney information

by Hogan Lovells on

The U.S. Patent and Trademark Office (“USPTO”) recently issued a “Trademark Alert” and corresponding news brief warning attorneys to monitor trademark filings to ensure that their names, signatures, and contact information...more

Robins Kaplan LLP

INO Therapeutics LLC v. Praxair Distribution Inc.

by Robins Kaplan LLP on

BUT FOR A CLERICAL ERROR TO BE ADDRESSED ON REMAND, THE FEDERAL CIRCUIT AFFIRMS FINDINGS OF INELIGIBLE SUBJECT MATTER AND NON-INFRINGEMENT. Case Name: INO Therapeutics LLC v. Praxair Distribution Inc., 2019 U.S. App. LEXIS...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Subject Matter Eligibility October Update: Example 46

Last month the U.S. Patent and Trademark Office published an update ("October Update") to its subject matter eligibility guidance.  As we noted at that time, the October Update is more evolutionary than revolutionary, and...more

Goodwin

Issue Twenty: PTAB Trial Tracker

by Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Knobbe Martens

Avoiding Ineligibility by Claiming a Specific Implementation That Improves upon the Prior Art

by Knobbe Martens on

KONINKLIJKE KPN N.V. v. GEMALTO M2M GMBH - Before Dyk, Chen, and Stoll.  Appeal from the District of Delaware. Summary: Claims directed to improving the functionality of one tool that is part of a system do not...more

K&L Gates LLP

To 3D, or Not to 3D, That is the Question: Another Twist in the Rubik’s Cube and its EU Trade Mark Protection

by K&L Gates LLP on

The long running and highly publicised Rubik’s cube case has taken another twist. On 24 October 2019, the EU General Court confirmed the cancellation of the EU trade mark for the 3D shape. ...more

Kilpatrick Townsend & Stockton LLP

IPR Strategy Changes for In-House Counsel

Based on recent court and PTAB (Patent Trial and Appeal Board) decisions, here are some basics in-house counsel should know in managing outside IPR counsel. Preemptive IPRs may not be appealable. An IPR must be filed...more

Jones Day

Federal Circuit Requests Additional Arthrex Appointments Clause Briefing

by Jones Day on

Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the...more

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

Global Patent Prosecution - November 2019

Recent Changes to the Patent Laws in Singapore and Hong Kong - Autumn appears to be a popular time to amend patent rules/laws as a number of jurisdictions have done so. In addition to formality changes in Canada and India,...more

Jones Day

Defaulting Respondent Left Holding the Bag

by Jones Day on

A recent opinion by the Commission highlights the risk for defaulting at the ITC. The Commission reversed the ALJ’s finding of a violation as to the participating respondents but maintained that the defaulting respondent was...more

Knobbe Martens

Accused Infringer’s Ornamental Logo May Defeat Design Patent Infringement Claim

by Knobbe Martens on

COLUMBIA SPORTSWEAR v. SEIRUS INNOVATIVE ACCESSORIES  - Before Lourie, Moore, and Stoll. Appeal from the U.S. District Court for Southern District of California. Summary: An accused infringer’s use of ornamental logos...more

Sunstein Kann Murphy & Timbers LLP

U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies

On September 20, the U.S. Court of Federal Claims dismissed a $600 million copyright infringement claim against the U.S. Navy. Bitmanagement Software GMBH v. United States involved virtual reality software that the Navy...more

CPA Global

[Webinar] Moving IP Operations to the Next Level - Session II - November 21st, 12:00 pm CT

by CPA Global on

Our expert panel will discuss approaches for developing consistent, repeatable IP prosecution processes while increasing quality and reducing risk. Produced by CPA Global and Aurora North, these sessions will separate fact...more

Robins Kaplan LLP

Amgen Inc. v. Amneal Pharms. LLC

by Robins Kaplan LLP on

The Court Denied Defendant’s Motion To Enforce Its Settlement Agreement With Plaintiff After The At-risk Launch And Subsequent Settlement Of Another Defendant. ...more

Weintraub Tobin

Order In Netflix Lawsuit Is A Reminder Of The Bounds Of Copyright Protection

by Weintraub Tobin on

Virginia Vallejo, a well known Colombian journalist and media personality, authored the memoir “Loving Pablo, Hating Escobar”. The book is a factual account of her romantic relationship with Pablo Escobar and a chronicle of...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Holds Ambiguity in License Terms Precludes Dismissal on the Pleadings

Although a valid license can provide a complete defense to patent infringement, the tangled web created when the defense is predicated on a sublicensee’s rights following bankruptcy of the sublicensor may preclude resolution...more

Bradley Arant Boult Cummings LLP

Federal Circuit Affirms PTAB’s Admission of Late Evidence on Public Accessibility of Prior Art - Intellectual Property News

On Thursday of last week in Telefonaktiebolaget LM Ericsson v. TCL Corporation, the Federal Circuit affirmed two Patent Trial and Appeal Board (PTAB) decisions (IPR2015-01584 and IPR2015-01600) finding that a single claim in...more

Ward and Smith, P.A.

Dot-Com Hits the Supreme Court

by Ward and Smith, P.A. on

Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v. Booking.com B.V., a case about whether the addition of...more

Dorsey & Whitney LLP

Booking.com Heads to the High Court

by Dorsey & Whitney LLP on

Last Friday, the U.S. Supreme Court granted the USPTO’s writ of certiorari to review traveling website company Booking.com’s trademark application for “booking.com”. The TMCA previously covered developments in this case here....more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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