Mondaq USA: Intellectual Property
Shearman & Sterling LLP
On October 18, 2017, the PTAB, which had previously declined to institute the IPR requested by the petitioner in General Plastic Industrial Co. v. Canon Kabushiki Kaisha ...
Jones Day
In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017)...
Ropes & Gray LLP
The Patent Trial & Appeal Board (PTAB) has designated the following decisions, which involve 35 U.S.C. § 315(b), as informative.
Foley & Lardner
Enforcing a patent with claims that raise the specter of divided infringement can be a difficult plight for patent owners.
Wolf, Greenfield & Sacks, P.C.
IPRs are often filed to challenge important patents – the same patents likely to be tested in litigation. In such circumstances, parties should pay careful attention when asserting arguments...
Shearman & Sterling LLP
Last year saw two major Lanham Act cases in the entertainment industry: Incarcerated Entm't, LLC v. Warner Bros. Pictures, 261 F. Supp. 3d 1220 (M.D. Fla. 2017) ...
Shearman & Sterling LLP
The PTAB rules include a default protective order that provides a single-level confidentiality designation, allowing access to any filed confidential documents by the parties, as well as their ...
Shearman & Sterling LLP
Intellectual Property Newsletter 13 IPR Settlement Remains Difficult Although their name would suggest that inter partes reviews are proceedings between two private adversaries ...
Shearman & Sterling LLP
On January 8, 2018, in Wi-Fi One, LLC v. Broadcom Corp., the Federal Circuit rendered an en banc decision holding that the PTAB's determination that a petition for inter partes review ...
McDermott Will & Emery
During discovery, SMT sought to compel disclosure of Doe's identity.
McDermott Will & Emery
An Acerchem UK employee sent a newsletter that included Axiom's "As Good as Whey" and "Non-GMO" logos to 343 email recipients.
Shearman & Sterling LLP
Inter partes review has, in a very short time, become a core part of patent litigation practice in the United States. In many cases it has replaced district-court litigation.
Wolf, Greenfield & Sacks, P.C.
Here's a 2017 ruling that slipped under the TTABLog radar. In this precedential order, the Board denied an FRCP 12(c) motion for judgment on the pleadings, directed at applicant's counterclaims...
Marshall, Gerstein & Borun LLP
In Wi-Fi One, LLC v. Broadcom Corporation, an en banc panel of the Federal Circuit decided on January 8, 2018, that the PTAB's application of the 35 U.S.C § 315(b) ...
Womble Bond Dickinson
For nearly seven years, Radio World has turned to Womble Bond Dickinson's Bill Ragland to provide insight on the long-running MAD/DigiMedia patent infringement case.
McDermott Will & Emery
On appeal, the Fifth Circuit examined whether Wilford waived the preemption argument by failing to plead the affirmative defense.
McDermott Will & Emery
Later in 2016, the Trading Post filed a complaint in district court, challenging the Chamber's trademark.
McDermott Will & Emery
To fail the second prong of the Rogers test, the creator must explicitly mislead consumers.
Proskauer Rose LLP
Earlier this week, the Federal Circuit issued an en banc opinion in Wi-Fi One v. Broadcom that holds the PTAB's determinations of whether an IPR petition was timely filed under 35 U.S.C. § 315(b) are appealable.
Jones Day
Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement.
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Morgan Lewis
Amgen paints a different picture as to the bad actor during the parties' negotiations pursuant to the Biologics Price Competition and Innovation Act.
Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, discusses potential impacts of pending Supreme Court PTAB cases...
RPX Corporation
F2VS Technologies, Inc. has added two cases to the campaign that it began this past June, suing Acuity Brands (Acuity Brands Lighting) (1:17-cv-04774) and Daintree Networks (1:17-cv-01713).
Ropes & Gray LLP
Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights.
RPX Corporation
Computer Protection IP, LLC (CPIP) has filed its first affirmative lawsuit, accusing New Dream Network (DreamHost) (2:17-cv-08858) of infringing a single server security patent.
RPX Corporation
A patent infringement suit brought against Google by Personal Audio, LLC has been transferred from the Eastern District of Texas (1:15-cv-00350) to the District of Delaware (1:17-cv-01751) due to improper venue.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Succeeding in obtaining a ruling in an inter partes review petition at the Patent Trial and Appeal Board that issued patent claims are unpatentable, may not be enough to modify ...
Arnold & Porter Kaye Scholer LLP
The Court nonetheless reversed the refusal to register "FUCT."
Akin Gump Strauss Hauer & Feld LLP
The Federal Circuit held that the "immoral or scandalous" clause of Lanham Act § 2(a), which prohibits registration of a trademark that "consists of or comprises immoral or scandalous matter," ...
Carlson, Caspers, Vandenburgh, Lindquist & Schuman, P.A.
Recently, the Federal Circuit reversed a jury decision upholding the validity of two Amgen patents directed to a large genus of antibodies that reduce LDL cholesterol.
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