Intellectual Property

The Federal Circuit recently affirmed a Patent Trial and Appeal Board (“PTAB”) inter partes review (“IPR”) decision in Palo Alto Networks, Inc. v. Finjan, Inc., No. 2017-2059, holding that the PTAB did not err in concluding that a person of ordinary skill would not have combined certain prior art identified by Palo Alto Networks, Inc. (“PAN”) in a way that would teach a claim limitation common to the challenged claims.   The Federal Circuit’s opinion underscores…
Seyfarth Shaw Partners Erik Weibust and Robert Fisher recently published a Law360 article about the new Massachusetts Non-Compete Law that goes into effect on October 1, 2018. Weibust and Fisher describe the new rules, the impact of the new provisions, and how businesses can comply. To learn more about this new non-compete law in Massachusetts, check out “Navigating The New Mass. Noncompete Morass” from Law360 here.  …
Since the EU’s General Data Protection Regulation (GDPR) went into effect, we have been anxiously awaiting enforcement activities that would indicate regulator priorities. The waiting is over. It was recently reported that the UK Information Commissioner’s Office (ICO) issued an Enforcement Notice to AggregateIQ Data Services (AIQ) on July 6, 2018. Although the Enforcement Notice was issued in July, it only recently came to light. AIQ is a Canadian analytics firm that was involved with…
In Matthews International Corporation v. Vandor Corporation, No. 2017-1889 (Fed. Cir. Mar. 27, 2018) (non-precedential), the Federal Circuit affirmed the PTAB’s final written decision to uphold the claims of Vandor’s patent that Matthews challenged in inter partes review. The claims at issue “are directed to ‘a casket arrangement’ made of pliable material, such as cardboard,” in which side and end panels of the casket can be folded to allow the casket to be reconfigured…
Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as well? Last week, the German judges yet again sat over a case dealing with this…
Join us on 09 October for the fifth in our LimeGreen Live webinar series. In this webinar we will look at how the US and EU member states are handling trade secret protection: what the differences are, where you might face challenges and how best to proceed in securing adequate protection and enforcing your rights throughout the US and the EU. Please contact Tom Goddard for registration or further information. Date: 9 October 2018 Time: 09.00 PDT / 12.00…
Another Creative Brand Protection event is in the books, thanks to our incredible panel of experts: Karen Brennan, Senior Director, Intellectual Property, Best Buy Anne Hall, Technology Strategy Manager-Life Sciences, University of Minnesota Aaron Keller, Co-Author: The Physics of Brand; Co-Founder Capsule Design Tim Sitzmann, Trademark and Brand Protection Attorney, Winthrop & Weinstine Their insights and perspective on launching new brands and refreshing mature ones were priceless. Despite tricky last minute…
The Irish Government has published its legislation programme for Autumn 2018.  The programme lists priority legislation for publication this Autumn, as well as legislation expected to undergo pre-legislative scrutiny. Listed below are the data protection, cyber-security and IP-related Bills coming down the track. Priority Legislation Communications (Retention of Data) Bill – This Bill will revise and replace the Communications (Retention of Data) Act 2011. The Heads of this Bill were published last October 2017,…
One of the facts of modern life is that you will be the target of scams. Sometimes it’s the son of the former defense minister of Nigeria. Sometimes it’s someone trying to trick you into paying them money to do something with your trademark. U.S. trademark registrations have to be renewed every 10 years or they expire. Most trademark owners are somewhat aware of that fact, but many are somewhat vague on the subject and…
Credit: Local Solutions I write today regarding a squirrelly thought: are the benefits of registering a hashtag trademark almost always outweighed by the consequences? In light of a recent Trademark Trial and Appeal Board (“TTAB”) ruling and the Trademark Manual of Examining Procedure’s (“TMEP”) provisions, hashtag marks offer much less protection than traditional character-based marks, such that the latter are preferable in most situations. We’ve all seen hashtag words and phrases (without spaces between the…