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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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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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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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