News & InsightsIP News AlertsDefend Trade Secrets Act Expands Intellectual Property ProtectionMay 18, 2016 By: Timothy J. Meagher and Brian T. Moriarty The Defend Trade Secrets Act (DTSA) was signed into law on May 11, 2016, expanding trade secret protections in the United States. The DTSA establishes a federal civil cause of... Disparagement Provision in Lanham Act Found UnconstitutionalDecember 23, 2015 Section 2(a) of the Lanham Act bars the U.S. Patent and Trademark Office from registering scandalous, immoral, or disparaging marks. 15 U.S.C. § 1052(a). According... Supreme Court Eliminates "Good Faith Belief" of Patent Invalidity as Defense to Induced Patent InfringementMay 26, 2015 Today, in a 5-3 decision, the United States Supreme Court, Commil USA LLC v Cisco Systems, Inc., issued an important opinion that eliminates good faith belief of patent invalidity... International Design Patent Applications Will Be Available to U.S. ApplicantsFebruary 19, 2015 By: Darrell L. Wong The U.S. Patent and Trademark Office (USPTO) announced significant changes to rules applicable to international design patents and extended the patent term for some design patents.... Lessons Learned from the First IPR Decision by the Federal Circuit - Patent Office Successfully Takes Over Garmin's Attack on Cuozzo's PatentFebruary 11, 2015 Garmin successfully used an Inter Partes Review ("IPR") counterattack when it was sued for patent infringement and, once Garmin settled with the patent owner, the Patent... Supreme Court Determines Trademark Tacking is Jury Issue - Reconfirms Markman Claim Construction is for the JudgeJanuary 29, 2015 By: Susan G. L. Glovsky and John L. DuPré The trademark doctrine of "tacking" allows a trademark owner to gain superior rights based on earlier use of another mark that "create[s] the same, continuing commercial... Supreme Court Orders Deference to Factual Findings for Claim ConstructionJanuary 28, 2015 On Tuesday, January 20, 2015, the U.S. Supreme Court handed down its much-anticipated decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. The Court’s 7-2 decision overturned... Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on WatchApril 8, 2013 Claim construction (i.e., the determination of the meaning and scope of claims) is a major part of patent infringement litigation proceedings and can make or break a party’s... Interactions with Your Customer Can Be the Basis for Liability for Patent InfringementMarch 21, 2013 The relationship between a company and its customer is usually not enough to establish liability for direct patent infringement, but it can create liability for induced patent infringement... New Micro Entity Patent Applicants will Benefit from a Seventy-Five Percent Discount on FeesMarch 13, 2013 The Leahy-Smith America Invents Act (AIA) grants fee-setting authority to the United States Patent and Trademark Office (USPTO) and effective March 19, 2013, the USPTO will adjust... Colombia and Mexico Enter the Madrid Protocol for the International Registration of MarksFebruary 13, 2013 By: John L. DuPré and Christopher K. Albert Colombia and Mexico have recently signed on to an international trademark treaty that makes filing for trademark protection in those countries easier and less expensive. Since April... New Challenges and New Opportunities in Enforcing Method of Treatment ClaimsJuly 2011 By: Brian T. Moriarty, Deirdre E. Sanders, and Lawrence P. Cogswell III,, Ph.D. The U.S. Supreme Court and the Federal Circuit have made and are continuing to make significant changes in the law of multi-party patent infringement – namely, induced infringement... |
© 2024 Hamilton, Brook, Smith & Reynolds, P.C.. All Rights Reserved.