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Association of Intellectual Property Firms Annual Meeting in San Francisco

Posted on Aug 16, 2017 in Events

This year the AIPF’s Annual Meeting takes place from September 13th – 15th at the Marriott Fisherman’s Wharf Hotel in San Francisco, California. The Annual Meeting is an excellent opportunity for IP practitioners to meet in person and establish personal and business connections, as well as obtain beneficial information in a cordial environment.

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Trademarks and the First Amendment Considered by Supreme Court

Posted on Jul 26, 2017 in Articles

When I studied constitutional law in law school, one subject was certainly never mentioned in that class: trademarks. After last month’s U.S. Supreme Court decision in Matal v. Tam, that may change.

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Significant Change in Patent Exhaustion From the Supreme Court

Posted on Jun 21, 2017 in Articles

When was the last time you sold your used car and worried about infringing the patent rights of the manufacturer? My guess is you would say “never.”

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Supreme Court Rules Unconstitutional Disparagement Clause of Lanham Act

Posted on Jun 20, 2017 in Blog

The Supreme Court ruled on June 19, 2017 that the United States Patent and Trademark Office may no longer refuse to register a mark because it is disparaging. The Decision in Matal v Tam No. 15-1293 was unanimous that Section 1052(a) of the Lanham Act was unconstitutional as a violation of the Free Speech Clause.

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U.S. Supreme Court Opinion Should Speed the Launch of Biosimilars

Posted on Jun 14, 2017 in Blog

The U.S. Supreme Court on June 12, 2017 issued an opinion in the consolidated cases of Sandoz Inc. v. Amgen Inc. et al. and Amgen Inc. et al. v. Sandoz Inc. which should result in more competition in the biologicals market more quickly.

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Caesar Rivise Attorneys Named to 2017 Pennsylvania Super Lawyers

Posted on Jun 5, 2017 in News

Eleven Caesar Rivise attorneys have been selected to the 2017 Pennsylvania Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected through a combination of peer nominations, evaluations, and independent research.

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The Supreme Court Affirms the First Sale and Exhaustion Doctrine

Posted on Jun 1, 2017 in Blog

On May 30, the Supreme Court in Impression Products v Lexmark International, Inc. in a 7-1 opinion written by Justice Roberts ruled that “once a patentee decides to sell-whether on its own or through a licensee, that sale exhausts its patent rights, regardless of any post-sale restrictions the patentee purports to impose, either directly or through a license.”

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Raising “Laches” (Delay) as a Defense to Patent Infringement Has Now Been Delayed

Posted on May 31, 2017 in Blog

In the recent Supreme Court case, SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products, LLC , 137 S. Ct. 954 (2017), the Court ruled that a laches defense to a patent infringement damages is not permitted when the suit is filed within six years of the term set forth in 35 U.S.C. §286.

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TC Heartland Will Shift More Litigation To The District of Delaware

Posted on May 25, 2017 in Blog

On Monday, May 22, 2017, the Supreme Court issued a unanimous decision in TC Heartland LLC v. Kraft Food Group Brands LLC, drastically changing where patent infringement cases can be litigated in the United States.

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The Risk of Losing Patent Rights When an Invention Is ‘On Sale’

Posted on May 25, 2017 in Articles

One of the most frequent ­errors ­committed by inexperienced ­inventors is the untimely sale or public use of their invention. The sale of a ­product that includes a new invention—before a patent application is filed—destroys patent rights in many countries. Not so in the United States, where U.S. law provides a 12-month “grace period” to file for patent protection after a public use or sale.

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