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

Trouble Brewing? Australian Coffee Brand Grounds Global Giant in Landmark Trade Mark Case

In a recent Federal Court decision, Justice Michael Wheelahan has dismissed claims against Cantarella Bros Pty Ltd (Cantarella Bros) by international coffee giant, Koninklijke Douwe Egberts BV (KDE), that its Vittoria glass...more

International Lawyers Network

Special Circumstances: Lessons from Canada’s Federal Court on Trademark Non-Use

A recent decision of the Federal Court, Trial Division in Little Brown Box Pizza, LLC v. DJB (2024 FC 1592) provides guidance on the question of special circumstances that can excuse an absence of trademark use in Section...more

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

IP Hot Topic: USPTO Establishes New Surcharge for Late-Stage Continuation Applications

The U.S. Patent & Trademark Office published a final rule on November 20, 2024, that establishes a new surcharge for continuation applications filed well after their earliest benefit dates (EBDs). Beginning January 19, 2025,...more

McDermott Will & Emery

A Lesson in Judicial Principles: No Dismissal After Decision

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The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but...more

McDermott Will & Emery

Trademark Fee Increases: The TEAS Party Is Over

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After a lengthy public comment and review process, the US Patent & Trademark Office (PTO) announced trademark fee increases effective January 18, 2025. The goal of PTO fee setting is to provide sufficient financial resources...more

McDermott Will & Emery

Senate Judiciary Subcommittee Advances Two Patent Reform Bills

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This post has been updated since its original publication date. On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one...more

McDermott Will & Emery

Chill Out: Request for Profit Disgorgement Isn’t Entitled to Jury Trial

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The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its...more

BakerHostetler

The Difference Between Theory and Practice: Lighting Defense Group LLC v. Shanghai Sansi Electronic Engineering Company Ltd., et...

BakerHostetler on

You can’t make applesauce out of oranges — and experts may not cook up opinions with contrary facts. In Lighting Defense, the patent damages expert opined that in a “hypothetical negotiation,” the parties would have agreed to...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Drops Proposal to Change Terminal Disclaimer Practice

On May 10, 2024, the U.S. Patent and Trademark Office published a Notice of Proposed Rulemaking (NPRM) regarding terminal disclaimer practice.  The proposed rule would have required any terminal disclaimer filed to obviate...more

McCarter & English, LLP

Penn State Wins Battle of the Vintage Trademarks

When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have...more

MoFo Life Sciences

USPTO Withdraws Consideration Of Controversial Change To Terminal Disclaimer Practice

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On December 4, 2024, nearly seven months after issuing a Notice of Proposed Rulemaking that proposed major and controversial changes to terminal disclaimer practice, which we previously discussed in an earlier blog post, the...more

Fish & Richardson

Director Review Spotlight: Expert Testimony

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Director Vidal has issued two Director Review decisions related to the evaluation of expert testimony in Patent Trial and Appeal Board (PTAB) proceedings. ...more

McGuireWoods LLP

MIT Study Aligns With USPTO’s Inventorship Guidance for AI-Assisted Inventions in Material Science Industry

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A working paper published on Nov. 6, 2024, by Massachusetts Institute of Technology PhD candidate Aidan Toner-Rogers suggests that the patent system may soon see a marked increase in patent application filings due to...more

Irwin IP LLP

Sheeran Strikes a Chord: Second Circuit Finds No Infringement of “Let’s Get It On”

Irwin IP LLP on

Structured Asset Sales, LLC v. Sheeran, No. 18-cv-5839 (2d Cir. Nov. 1, 2024) - On November 1, 2024, the Second Circuit affirmed the district court’s entry of summary judgment that Ed Sheeran’s Thinking Out Loud (“TOL”)...more

BakerHostetler

USPTO Set to Raise Fees in early 2025 - How to Reap the Most Benefits from your Patent Budget

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Effective Jan. 19, 2025, the U.S. Patent and Trademark Office’s (USPTO) patent fees will see about a 7.5 percent across-the-board increase. 89 Fed. Reg. 91898 (Nov. 20, 2024). Some patent fees will see significantly steeper...more

Array

This Week in eDiscovery: eDiscovery Day Special Edition | Discovery Challenges of AI Datasets; Deleted ESI Sanctions

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 24-30. Here’s what’s...more

Mintz - Intellectual Property Viewpoints

Overcoming Patent Challenges for AI/ML-Assisted Life Sciences (TechBio) Inventions: Strategies for Navigating Section 101 at the...

The integration of artificial intelligence (AI) and machine learning (ML) into the life sciences field has created exciting new opportunities for advancements in diagnostics, therapeutics, and personalized medicine. However,...more

Kohrman Jackson & Krantz LLP

Beyond Money: The Rise of Branding as the Ultimate Asset

Attention is the hottest commodity any company can acquire today. How can you capture attention in an increasingly competitive market where individuals have more information and access than ever before? By crafting a...more

Linda Liu & Partners

Two Application Routes for Obtaining Design Patents in China and Their Advantages and Disadvantages

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The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design...more

Vondran Legal

Copyright Derivative Work Ideas from Attorney Steve

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According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and...more

Akin Gump Strauss Hauer & Feld LLP

Shared Counsel and Existence of Joint Defense Agreement Insufficient to Establish Real Party-In-Interest Status

The Patent Trial and Appeal Board rejected a patent owner’s assertion that petitioner should have named a third party, which was a defendant in a related district court patent infringement litigation and a party to a joint...more

Knobbe Martens

Building Bridges: How Patent Pathways is Shaping a Diverse IP Future

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In this episode of the Knobbe IP+ podcast, Knobbe Martens Chief Diversity & Talent Development Officer Terra Davis speaks with guest Elaine Spector, Harrity & Harrity partner and Advisory Board Member to the non-profit Patent...more

Pierce Atwood LLP

Business Owners: Beware of Scams and Solicitations

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For years, federal trademark and patent application owners have been the target of scammers seeking payment for services that are neither required nor provided. Recently, however, it appears that scammers are finding new ways...more

Polsinelli

USPTO Finalizes Fee Hikes and New Fees for 2025: Key Tips for Patent Applicants

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The USPTO announced a set of finalized fee increases and new fees to take effect on January 19, 2025. The changes to the USPTO’s fees in 2025 add significant new fees for filing continuing applications (including...more

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