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U.S. Supreme Court to Review Patent Claim Construction Standards

Posted on Feb 24, 2016 in Articles

The U.S. Supreme Court is soon set to decide the standard that should be used when the U.S. Patent and Trademark Office reassesses the validity of an issued patent. The case, Cuozzo Speed Technologies LLC v. Lee, No. 15-446, may play a significant role in determining whether an accused patent infringer can defend itself by arguing that the asserted patent should have never been granted in the first place.

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Federal Circuit Rules Regarding Exhaustion of U.S. Patent Rights

Posted on Feb 15, 2016 in Blog

In Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 14-1617 (Fed. Cir. 2016), the Federal Circuit issued an important opinion regarding patent exhaustion (the termination of a patent owner’s ability to claim infringement damages following the first authorized sale of a patented product).

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Patent Application Filings and Experimental Use Exception

Posted on Feb 1, 2016 in Articles

A U.S. patent application must be filed within one year of the underlying invention being on-sale or in public use, or all rights are lost. Experimental use, however, creates a grace period beyond the one year deadline. The Court of Appeals for the Federal Circuit will soon issue an important opinion clarifying when an experimental use has actually occurred.

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Delaware Jury Awards $37.5 Million In Damages For Infringement Of Medical Device Patent

Posted on Jan 27, 2016 in Blog

On January 26, 2016, a District of Delaware jury awarded Greatbatch Ltd. $37.5 Million in damages in the Greatbatch Ltd. v. AVX Corporation and AVX Filters Corporation (collectively “AVX”) patent litigation.

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A Different Slant On The Slants’ Trademark Dispute

Posted on Jan 25, 2016 in Articles

The football team The Washington Redskins and the musical group The Slants have recently been tied together – both have argued that their First Amendment rights were violated when their federal trademark registrations were denied. In The Slants’ case, however, the battle over the registration of their trademark began with arguments that racism and the ethnicity of the trademark owner were the causes of the dispute.

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Using Patents to Envision the Future of Technology

Posted on Dec 23, 2015 in Articles

What new ideas and innovations will be seen in the near future? How will technology be affecting our lives in the months ahead? To answer these questions, technologists often study recently granted patents and published patent applications in order to predict how innovation will influence the future.

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Disparaging Trademarks May Now Be Registered

Posted on Dec 22, 2015 in Blog

In the case of In re Simon Shiao Tam (Case No. 14-1203), the United States Court of Appeals for the Federal Circuit, the court that has jurisdiction over the United States Patent and Trademark Office, struck down the provision of Section 2A of the Lanham Act which prevents registering offensive trademarks. Yes, the same provision of the Lanham Act which was used to hold invalid the Washington Redskins mark has been held to be unconstitutional.

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CR Spreads Holiday Cheer

Posted on Dec 22, 2015 in Blog

Caesar Rivise employees headed to the Support Center for Child Advocates’ toy drive headquarters on December 18th to lend a helping hand. Employee volunteers sorted, bagged, and tagged donated toys destined for local families.

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The 13 Hottest Patent Law Issues Of 2015

Posted on Dec 21, 2015 in Article

What were the most significant issues that shaped patent law in 2015? As the year draws to a close, here is a look back, in no particular order, at the topics that received the most attention.

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Virtual Patent Marking

Posted on Dec 8, 2015 in Articles

Patent owners who do not provide constructive notice to potential infringers by marking their products are prevented from recovering any damages for any infringements occurring prior to serving an actual, specific, notice of infringement, or bringing suit. Accordingly, patent owners who wish to realize the full potential of infringement damages through a lawsuit should mark their products with applicable patent numbers.

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