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Thinking About a Marketing Campaign Based Upon an Olympics Theme? Think Again (Unless You Have Permission)!

Posted on Aug 22, 2016 in Blog

The 2016 Rio Olympics® are upon us and the eyes of the world are firmly focused on Brazil, host of this summer’s blockbuster event for a brief two week period from August 5th to the 21st. During this short period of time, companies of all sizes look to grab the attention of fans all over the world by associating themselves with the games.

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New Option for Responding to Final Rejections in the USPTO

Posted on Jul 14, 2016 in Blog

The USPTO has just announced the launch of the Post-Prosecution Pilot (P3) program. The P3 program combines the best features of two other after final programs offered by the USPTO: (1) the After Final Consideration Pilot (AFCP) 2.0 program and (2) the Pre-Appeal Brief Conference Pilot (PABCP) program.

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Federal Circuit: Another Internet-Based Patent Passes Muster under Alice

Posted on Jul 6, 2016 in Blog

The Federal Circuit, in BASCOM Global Internet Servs., Inc. v. AT&T Mobility, LLC, 2016 U.S. App. Lexis 11687 (June 27, 2016), reversed a grant of a motion to dismiss in which a district court held that the patentee of U.S. Patent No. 5,987,606 (‘606 patent) failed to state a claim of infringement because the claims of that patent were invalid as a matter of law under 35 U.S.C. §101. The Federal Circuit concluded that the “ordered combination of [claim] limitations [were] sufficient to satisfy the second step of the Supreme Court’s Alice [patent-eligibility] test.”

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Will Brexit Cause Your IP to Exit Europe?

Posted on Jun 29, 2016 in Blog

On June 23, 2016, the UK voted to withdraw from the European Union (EU). How this vote will ultimately play out on the European and worldwide economies is the subject of mass speculation. It is certain, however, the withdrawal will ultimately affect important UK intellectual property rights.

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U.S. Supreme Court: New Lesser Standard for Enhanced Patent Damages

Posted on Jun 14, 2016 in Blog

In a unanimous decision issued on June 13, 2016, the U.S. Supreme Court rejected the Federal Circuit’s nine-year-old strict test for awarding enhanced damages for patent infringement, thereby making it easier for patent holders to win increased damages in court for egregious acts of infringement.

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The New Federal Defend Trade Secrets Act

Posted on Jun 2, 2016 in Blog

President Obama signed the Defend Trade Secrets Act of 2016 (S. 1890) (“DTSA”) into law on May 11, 2016, creating a new federal cause of action for trade secret misappropriation. The DTSA establishes federal jurisdiction for claims brought under the DSTA, which now provides trade secret plaintiffs with the option to sue in federal court.

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Back from the Dead: Post-Alice Case-law Revives Software Patent Outlook

Posted on May 2, 2016 in Blog

When the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, 134 S.CT. 2347 (2014)  that rejected patentability for algorithms, many considered this a death knell for software patents even though the ruling never once used the term “software”. Since Alice it has become nearly standard practice for courts to entertain early motions to dismiss software patent-based complaints for invalidity under 35 U.S.C. 101.

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Top 5 Considerations for Patent Owners Seeking to Assert Patents Against Infringers

Posted on Apr 8, 2016 in Blog

What do you do when someone is infringing your patent? They say imitation is the highest form of flattery, but flattery will get you nowhere when you are attempting to protect your hard-earned intellectual property rights.

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A “Buck Rogers” Partially Completed Screenplay Adaptation Is Not Sufficient Basis for a Declaratory Judgment Action

Posted on Mar 28, 2016 in Blog

In an interesting case decided in the US District Court for the Western District of Pennsylvania, the court found that a producer, who had begun a screenplay adaptation for a movie based upon the character “Buck Rogers”, and who had been threatened with a copyright infringement suit, did not have a sufficient basis to sustain a declaratory judgment action.

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The Court of Appeals for the Federal Circuit Finds Specific Jurisdiction in ANDA Patent Cases

Posted on Mar 21, 2016 in Blog

On March 18, 2016, the Court of Appeals for the Federal Circuit ruled for the first time that an ANDA filer can basically be sued anywhere unless it is unfair, widening broadly jurisdiction in ANDA cases. Mylan Inc. was sued twice in Delaware based on two ANDA filings and argued the Delaware court did not have specific or general jurisdiction over it.

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