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Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

EPIC’s Standing Questioned in FAA Case

On January 25, 2018, oral arguments were heard in Electronic Privacy Information Center (EPIC) v. the Federal Aviation Administration (FAA) case by a D.C. Circuit panel. The court questioned EPIC’s standing to contest the...more

PTAB Strategies and Insights - January 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

Trademark Law Update: Federal Circuit Strikes Down Lanham Act’s Ban on “Immoral” or “Scandalous” Marks

by K&L Gates LLP on

In June 2017, the U.S. Supreme Court in Matal v. Tam struck down as unconstitutional a provision of section 2(a) of the Lanham Act, which had permitted the U.S. Patent and Trademark Office (USPTO) to refuse to register...more

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

by BakerHostetler on

On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark that “[c]onsists of or comprises...more

The Federal Circuit Strikes Ban on Registering “Immoral” or “Scandalous” Trademarks

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has struck down the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks as an unconstitutional restriction of free speech under...more

A Handy Guide to Oil States, the Case that Has Captivated the Patent Community

What is at issue in Oil States Energy Services LLC v. Greene’s Energy Group LLC? The constitutionality of inter partes review proceedings. Originally published in Westlaw Journal Intellectual Property Magazine on November...more

Federal Circuit Decision Leaves Lanham Act’s Provision Barring Registration Of Immoral And Scandalous Marks “FUCT”

by Fox Rothschild LLP on

It is not often that a court of law can issue a landmark opinion laden with profanity and sexual innuendos. But last Friday, the United States Court of Appeals for the Federal Circuit seized the opportunity in a colorful...more

Opening Trademarks to New Possibilities -- Federal Circuit Affords Immoral or Scandalous Trademarks First Amendment Protection

by Locke Lord LLP on

After the Trademark Office refusing registration for immoral or scandalous marks over the past 100 years, the U.S. Court of Appeals for the Federal Circuit recently held that the provision of Section 2(a) of the U.S....more

Oral Arguments Summary: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

by Fish & Richardson on

The Supreme Court heard oral arguments on November 27, 2017, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, where the petitioner challenged the constitutionality of inter partes review (IPR) proceedings....more

Federal Court finds PMPRB unreasonable in finding Galderma patent 'pertains to' medicine in DIFFERIN

by Smart & Biggar on

In a November 9, 2017 decision, Justice Phelan of the Federal Court found that the Patented Medicine Prices Review Board Panel (Board) was unreasonable in its assessment that a patent ‘pertained’ to Galderma Canada’s DIFFERIN...more

Perspectives on the PTAB Newsletter - November 2017

The Perspectives on the PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides...more

What if IPRs are Found Unconstitutional in Oil States?

On November 27, the Supreme Court will hear arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The issue is: - Whether inter partes review, an adversarial process used by the Patent and Trademark...more

Nonprofit Group Files IPR Petition Seeking to Invalidate Hepatitis C Drug Patent

by Knobbe Martens on

In an effort to lay the groundwork for generic entry and reduced drug prices, the non-profit group Initiative for Medicines, Access and Knowledge, Inc. (I-MAK), with the support of the Laura and John Arnold foundation, has...more

Federal Circuit Review - September 2017

by Knobbe Martens on

IPR Appellants Must Satisfy Article III Standing - In Personal Audio, LLC v. Electronic Frontier Foundation, Appeal No. 2016-1123, the Federal Circuit held that standing for an appeal to a federal court is based on the...more

Sovereign Immunity and Inter Partes Review

by Knobbe Martens on

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

Patents for Billion Dollar Restasis Drug Under Siege

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe...more

Pharma Patents Assigned to Indian Tribe to Thwart Inter Partes Review

by Foley & Lardner LLP on

As we have previously reported, sovereign immunity of state universities (who are instruments of state government) has been used to avoid IPRs under the immunity clause of the US Constitution (“Sovereign Immunity of State...more

The Supreme Court’s Tam Decision: Federally Registered Offensive Trademarks

On June 19, 2017, the Supreme Court ruled that the longstanding federal prohibition against registering offensive trademarks is unconstitutional. The decision represents a stark departure from long prevailing U.S. judicial...more

A Big Year for Trademarks: Part 2

A lot happened in 2016, including in the world of trademark jurisprudence. Last year brought several important decisions that will change the way companies and litigants approach trademark enforcement and...more

Federal Circuit Upholds Claim Construction – No Due Process Violations

by Jones Day on

On May 8, 2017, in Intellectual Ventures II LLC v. Ericsson Inc., 15-1739, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) inter partes review (IPR) claim constructions in a non-precedential decision....more

State Universities May Use Sovereign Immunity Defense in IPRs

by Womble Bond Dickinson on

The University of Florida picked up some big wins in the NCAA Men’s Basketball Tournament, moving into the tourney’s Sweet Sixteen. But the Gators also earned a big patent dispute victory recently in Covidien LP v. University...more

Federal Circuit Review | February 2017

by Knobbe Martens on

“Common Sense” Alone Is Not a Sufficient Motivation to Combine References - In In Re: Van Os, Appeal No. 2015-1975, the Federal Circuit held that the Patent Trial and Appeal Board’s reliance on intuition or common sense...more

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

by Pepper Hamilton LLP on

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

"FDA Publications Double Down on Agency’s Ability to Prohibit Off-Label Communications, but Narrow Scope of Debate"

On the eve of a change in administration, the U.S. Food and Drug Administration (FDA or the Agency) released a flurry of documents regarding off-label communications and FDA’s ability to regulate such communications within...more

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