In October 2021, Robert Kolker published a longform feature in The New York Times Magazine with the title “Who Is the Bad Art Friend?” In his piece—which sparked widespread discussion online about the ethics of altruism, art, and
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm that publishes content primarily focused on intellectual property law. Their blog covers topics such as patent application processes, trademark disputes, and developments in patent and trademark law. The firm provides analysis of recent legal decisions, updates on regulatory programs like those from the United States Patent and Trademark Office, and insights into procedural aspects of intellectual property protection. Their publications serve to inform practitioners, applicants, and stakeholders about changes and strategies in patent and trademark law.
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Latest from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - Page 9
Prosecution Pointer 411
By Publisher
The USPTO published guidelines for ascertaining compliance with the enablement requirement under 35 U.S.C. § 112 (a) during prosecution in view of the May 2023 U.S. Supreme Court decision in Amgen Inc. et al. v. Sanofi et al. The enablement…
Safe Harbor Protection: Acadia Pharms., Inc. v. Aurobindo Pharma Ltd.
In Acadia Pharms., Inc. v. Aurobindo Pharma Ltd., No. 20-985-GBW (D. Del. Dec. 2023), the district court granted Acadia’s motion for summary judgment of no invalidity for obviousness-type double patenting. The asserted patent was not a proper obviousness-type double patenting…
Ninth Circuit Pours Jack Daniel's in “Punchbowl” Trademark Suit
By Publisher
For many years, courts often applied the quintessential likelihood-of-confusion test for trademark infringement claims more narrowly when analyzing allegedly infringing products that were also works of artistic expression. For such products, courts generally applied a threshold First Amendment test, as…
Prosecution Pointer 410
By Publisher
Use Patent Assignment Search to search the database of all recorded Patent Assignment information from 1980 to the present (Patent Assignments recorded prior to 1980 are maintained at the National Archives and Records Administration). You may email questions about searching…
Update on Diagnostic Claiming
The subject matter eligibility hurdle continues to loom for drafters of diagnostic claims. The goal is to draft claims that will be construed under the line of the few cases with diagnostic claims that have survived a §101 challenge:Read
Parody Sneaker Afforded No First Amendment Protection Against Vans’ Trademark Infringement Claims
By Publisher
Courts typically analyze trademark infringement claims under the Lanham Act’s likelihood of confusion test. This traditional test, however, is applied more narrowly when an allegedly infringing product is a work of artistic expression. In those cases, courts apply heightened scrutiny…
Prosecution Pointer 409
By Publisher
On February 5, 2024, the USPTO will retire the Electronic Patent Assignment System (EPAS) and the Electronic Trademark Assignment System (ETAS). The new Assignment Center will fully replace EPAS and ETAS for processing all patent and trademark reassignment requests. The…
Generating Litigation: N.D. Cal. Dismisses Some Copyright Claims in Andersen and Kadrey AI Cases
By Publisher
The groundswell of lawsuits filed against generative artificial intelligence (GenAI) companies based on various theories of copyright infringement shows no sign of abating. Readers following this issue will be aware, for example, of the claims filed by the New York…
Prosecution Pointer 408
By Publisher
Use Patent Assignment Search to search the database of all recorded Patent Assignment information from 1980 to the present (Patent Assignments recorded prior to 1980 are maintained at the National Archives and Records Administration). You may email questions about searching…