A new registration requirement places companies at risk of copyright suits over material hosted on their websites. The Digital Millennium Copyright Act (DMCA) "safe...
The Supreme Court’s decision in TC Heartland in May, 2017, granted defendants greater control over where patent infringement lawsuits can be filed against them. Left...
The requirements as to where a patent infringement case can be filed are different from and more restrictive than the venue requirements for a general case Unless the...
Free speech prevents the U.S. Patent and Trademark Office (USPTO) from denying registration of trademarks considered disparaging Today, in Lee v. Tam, the U.S. Supreme...
A corporation only “resides” in its state of incorporation for venue purposes in patent cases. Selling products in a venue is not enough to establish corporate...
Under the Defend Trade Secrets Act (DTSA) of 2016, federal trade secret protection is now available. The DTSA, and its notice requirement discussed below, are applicable to any...
A long-standing requirement for federal trademark registration under the Lanham Act is use of a product or service bearing the mark in commerce that is regulated by Congress. ...
The Federal Circuit recently provided additional guidance in McRO v. Bandai Namco, et al. regarding patentable subject matter analyses under 35 U.S.C. 101, finding that software-related...
In a two-part decision affirming the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court held in Cuozzo Speed Technologies, LLC v. Lee that the PTAB’s determination...
Based on current information, when changes do occur, the greatest change is likely to be for trademarks and designs, with the U.K. and the rest of Europe proceeding on separate paths...
In Immersion Corp. v. HTC Corp., the Federal Circuit announced a lenient approach in allowing a continuing application to be filed on the same day that the parent application issues...
In a unanimous decision in Halo Elec., Inc. v Pulse Elec., Inc., the Supreme Court overturned the cumbersome standards for awarding treble, or enhanced, damages for “willful&...