Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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901 New York Avenue, NW
Washington, DC 20001-4413, United States
Phone: 202 408 4000
Fax: 202 408 4400
Practice Groups
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Georgia
  • Massachusetts
  • Virginia
Other Countries
  • China
  • Japan
  • South Korea
  • Taiwan
  • United Kingdom
Number of Attorneys
100+ Attorneys

Deadline Approaching to Update Designated Agent Under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) protects eligible internet platforms from secondary liability for copyright infringement under the “safe harbor” of 17 U.S.C. § 512. One condition of safe harbor protection is that any…more
 /  Intellectual Property, Science, Computers, & Technology

Federal Circuit Finds PTAB Should Have Invalidated Additional Claims in IPRs

In CRFD Research, Inc. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit reviewed three IPR decisions, each on the same patent, reversing the PTAB’s finding in one of the three decisions. The PTAB had…more
 /  Intellectual Property, Science, Computers, & Technology

[Webinar] Roadblocks Ahead: Refusal/Rejection and Options for Further Action - December 13th, 10:00am ET

If you come up against a brick wall during examination at the European Patent Office (EPO) or the United States Patent and Trademark Office (USPTO), a number of options and strategies may still be available to you. Please join…more
 /  Intellectual Property, Science, Computers, & Technology

Patentability of Natural Products in Europe

There is currently a significant divergence in practice between Europe and the United States when considering the patentability of naturally-occurring products. Since the Myriad decision of the U.S. Supreme Court, the USPTO has…more
 /  Intellectual Property, International Law & Trade, Science, Computers, & Technology

Reverse Domain Name Hijacking In UDRP Proceeding Leads To Award Of Attorney Fees In District Court

The Southern District of Florida recently awarded attorney fees in a reverse domain name hijacking case. Defendant PeopleNetwork ApS initially opposed Plaintiffs’ trademark registrations for various BEAUTIFUL PEOPLE marks,…more
 /  Intellectual Property, Science, Computers, & Technology

Federal Circuit PTAB Appeal Statistics – November 2017

Through November 15, 2017, the Federal Circuit decided 275 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 205 (74.55%) cases, and reversed or vacated the PTAB on every issue in 31…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Extrinsic Evidence May Not Be Used To Distinguish the Commercial Impressions of Marks In An Ex Parte Likelihood-of-Confusion Analysis

In a non-precedential opinion, the Federal Circuit affirmed that in an ex parte proceeding, when analyzing the likelihood of confusion between a registered and an applied-for mark, evidence extrinsic to the application and cited…more
 /  Intellectual Property, Science, Computers, & Technology

Court Reiterates That Standard for Recovering Attorney Fees Under Lanham Act Is High

On October 31, 2017, the Western District of Missouri denied a request for attorney fees that was based only on a successful defense against false advertising claims. Plaintiff Healthmate International, LLC and Defendant…more
 /  Civil Procedure, Communications & Media Law

Spotlight on Upcoming Oral Arguments – December 2017

Ariosa appeals from a PTAB decision denying Ariosa’s IPR petition and upholding the validity of Illumina’s ’794 patent. In reaching its decision, the PTAB found that Ariosa failed to establish that the asserted reference…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Banding Together Part II: Expanded Collaborative Search Pilots Launched Between USPTO, JPO, and KIPO

In May of 2016, we first documented the launch of the Collaborative Search Pilots (CSPs) between the USPTO, Japanese Patent Office (JPO), and Korean Intellectual Property Office (KIPO) in the blog entitled: Banding Together. The…more
 /  Intellectual Property, International Law & Trade, Science, Computers, & Technology

Practice Pointer: How Are Judges Assigned to Federal Circuit Cases?

Many parties appearing before the Federal Circuit are unaware of how Judges are selected to preside over their disputes. Like other courts, the Federal Circuit has sought to achieve a blind allocation of Judges to cases through…more
 /  Civil Procedure, Intellectual Property

Win or Lose, Trademark Applicants Must Pay USPTO’s Attorney Fees in District Court Appeals, Says Eastern District of Virginia

On October 26, 2017, the Eastern District of Virginia became the latest court to weigh in on the USPTO’s position regarding whether trademark applicants who appeal adverse TTAB decisions directly to a district court for de novo…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

The Federal Circuit Opens the Door to Venue Challenges after Waiver Pre-TC-Heartland

In In re: Micron Tech., Inc., No. 2017-138 (Fed. Cir. Nov. 15, 2017), the Federal Circuit vacated the district court’s order denying Micron’s venue challenge and remanded the case for further consideration. The court held that…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Revised Patent Fees, Oh My!

On November 14, 2017, the USPTO issued and published the final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017.” The final rule set or adjusted certain patent fees, as provided by the Leahy-Smith America…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Sale of Generic Drug to Physician With “Extensive Information” on the Label May Induce Infringement

In Sanofi v. Watson, No. 2016-2722, the Federal Circuit affirmed the district court’s decision, upholding induced infringement and validity of Sanofi’s patents covering compositions of, uses for, and methods for administering…more
 /  Intellectual Property, Science, Computers, & Technology
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