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Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is the appropriate time period at the time of registration or subsequent to the date of registration?
The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical feature disclosed as essential or advantageous in the prior art cannot in itself establish inventive step in absence of evidence showing that a c
A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.
Our attorneys are contacted almost daily by Amazon sellers who’ve suffered some adverse consequences on marketplaces such as Amazon and Walmart. While these can be negative situations by the platforms themselves, a more serious issue occurs when third parties steal your market share and affect your revenue. Selling on Amazon has its fair share of challenges, but few are as frustrating as unauthorized sellers and counterfeit products.
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.
This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. factory investments to stay ahead of drug tariffs; the Court of Justice for the European Union reports a decrease in new IP cases in 2024 despite a 12% increase in overall litigation before the Court that year; the Federal Circuit issues precedential decisions confirming Hatch-Waxman litigation expenses as tax deductible, rejecting Abiomeds bid to extend the doctrine of prosecution
Administrative judges with the Patent Trial and Appeal Board should prepare themselves for layoffs, according to an email from Chief Administrative Patent Judge Scott Boalick that was shared with Law360.
Administrative judges with the Patent Trial and Appeal Board should prepare themselves for layoffs, according to an email from Chief Administrative Patent Judge Scott Boalick that was shared with Law360.
The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed that artificial intelligence (AI) cannot be the sole author on a copyright-registered work, but questions still remain as to the future of AI authorship.
A California federal judge doubted Friday certain defenses in OpenAI's trademark battle against a man who runs a website called "open.ai," telling the man's counsel repeatedly during a hearing it's "incredible" that he's claiming the court can't legally order him to transfer the domain if he doesn't own the mark.
On 7 March 2025, the Changshu Peoples Court (in Chinas Jiangsu province) announced that it had recently concluded a case on the topical issue of whether AI-generated works can be protected by copyright. In the case, a plaintiff surnamed Lin used the AI tool Midjourney to create an image, and then Photoshop to further refine it.
A lawyer for Samsung Electronics Co. closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses.
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
On March 3, 2025, the Japanese Supreme Court held that building a network-based system comprised of a server located in the United States, connected via a network to user terminals in Japan, constitutes "producing a product" under Article 2, paragraph (3), item (i) of the Patent Act and infringes a Japanese patent related to a system for a streaming service with comments.
Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit has let her voice be heardon major issues that faced courts during her time at the top, writing important rulings that have advanced biometric privacy litigation, kept Wisconsin's mandatory bar membership intact and curbed a "copyright troll" from crowding dockets with questionable suits.
RESTEM, LLC v. JADI CELL, LLC - Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Inherency in product-by-process claims requires the prior art process to inevitably produce the claimed produce, not merely disclose the claimed process steps.
A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.
The US Court of Appeals for the Federal Circuit vacated a district courts grant of summary judgment of noninfringement because the district court improperly narrowed a claim term during its construction. IQRIS Technologies LLC v. Point Blank Enterprises, Inc. et al., Case No. 2023-2062 (Fed. Cir. Mar. 7, 2025) (Lourie, Linn, Stoll, JJ.).
The Patent Trial and Appeal Board has found that BMW was able to show that all the claims it challenged in a patent for processor technology as invalid as obvious.
LASHIFY, INC. V. ITC - Before Prost, Taranto, and Chen.Appeal from the U.S. International Trade Commission. Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported product may constitute significant employment of labor or capital that satisfies the economic prong of the ITCs domestic-industry requirement.
The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.
On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection.
Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.
Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum computing remains a field marked by a mix of skepticism and optimism.
Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.
On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Boards (PTAB) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent challenger failed to prove that the claims were unpatenable and offering two key takeaways. By: Rothwell, Figg, Ernst & Manbeck, P.C.
Comcast and New York startup Touchstream Technologies Inc. said Friday they have reached a settlement in Touchstream's $525 million infringement suit over video display patents.
ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART - Before Dyk, Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. A patent applicant forfeited its Appointments Clause challenge by failing to raise the issue during its appeal from a PTAB decision.
Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.
The battle over beauty dupes just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash N Roll mascara doesnt infringe the trademarks and trade dress of Benefit Cosmetics popular Roller Lash mascara.
Comparing Luka Doni's and Lebron James' approaches to establishing and managing their brands highlights a shift toward athlete-controlled IP and some lessons on how players and teams can collaborate to capitalize on athletes' star power, say attorneys at Debevoise.
Everybody knows that trade marks are necessary to protect a brands logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be used to help protect against unwanted dupes (also known as copycat or lookalike products)? Dupes and copycats deliberately mimic a successful product, and they imitate the look and feel to unfairly benefit from the goodwill attached to the product through the halo.
The NCAA is facing yet another antitrust challenge to its eligibility rules, this time from a college football player who says the organization unfairly denied him a waiver that would have allowed him to play at Rutgers University next season.
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert atLankler Siffert & Wohl.
Eventually, the federal government will pass an artificial intelligence law, which will likely trump and preempt state laws. In the meantime, many states are implementing their artificial intelligence regulations and laws. We expect this trend to continue. If you have any questions concerning these acts or compliance with new AI regulations, contact one of our artificial intelligence attorneys for more information.
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
This post is the fifth in our five-part series, Navigating Life Sciences Transactions, where our team of attorneys provides essential strategies and insights for successful life sciences transactions. Throughout this series, weve explored the key elements of successful life sciences transactionsfrom structuring collaborations and securing funding to protecting intellectual property and navigating regulatory complexities.
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