Partner Hussein Akhavannik and Counsel Fabian Koenigbauer authored an article published Dec. 19, 2019, by IAM.com. The article, “Federal Circuit Ruling Marks Out Dangers of Doctrine of Equivalents Estoppel,” discusses how the Federal Circuit’s ruling in Pharma Tech Solutions Inc.
IP Intelligence
Insight on Intellectual Property
The IP Intelligence blog, published by Baker & Hostetler LLP, focuses on intellectual property law developments including patent eligibility, trademark enforcement, and regulatory investigations related to emerging technologies. It covers legal issues such as method of treatment claims in patents, extraterritorial application of trademark laws, and legislative efforts to clarify patent eligibility standards. The blog also addresses enforcement challenges in online marketplaces, the impact of federal investigations on AI technologies, and nuances in trademark rights involving common law users. Its content is aimed at providing updates and analysis on IP litigation, regulatory scrutiny, and legislative changes affecting intellectual property rights and enforcement strategies.
Latest from IP Intelligence - Page 18
Can the USPTO Recover the Salaries of its Legal Personnel in Challenges to Adverse Decisions?
By John Hilten
Can the U.S. Patent and Trademark Office (USPTO) recover the salaries of its legal personnel in challenges to adverse decisions? Not surprisingly, the answer was a quick and unanimous no. More specifically, on Wednesday, Dec. 11, the U.S. Supreme Court…
IPO’s “Gender Diversity in Innovation Toolkit” Aims to Address Disparities in Inventorship
While women are awarded 53% of PhDs, they accounted for only 12% of named inventors on U.S. patents granted in 2016. Fewer than 30% of Patent Cooperation Treaty applications name a woman inventor. After the U.S. Patent and Trademark Office…
The theory of “trademark neutralization.” What is it and will it likely be adopted in the US?
Have you heard of the theory of “trademark neutralization?” It was developed by the European Union (EU) General Court and the European Union Court of Justice (“CJEU”) in 2006 (Case No. C-361/04 (ECJ Jan. 12, 2005)) holding PICASSO/PICARO not confusingly…
Five Counterfeit Hotspots in New York that Brand Owners Must Be Aware Of
The issue of fake goods in New York City has been widely covered for a number of years. For example, earlier this year, the South China Morning Post looked at the “rising counterfeit market” in New York, especially around luxury…
Kanye West Denied Trademark Registration for ‘SUNDAY SERVICE’ Mark
Global rap icon Kanye West is one of the most visible and controversial personalities on the contemporary scene. He has long been recognized as one of the best rap creators and performers of his generation. More recently, his prominence has…
Are Questions of Novelty and Nonobviousness Relevant to the Test for Whether a Patent Qualifies as a Covered Business Method Patent Under the AIA?
A covered business method (CBM) patent “does not include patents for technological inventions.” AIA § 18(d)(1). The United States Patent and Trademark Office (USPTO) promulgated a regulation that defines “a technological invention” as one in which (1) “the claimed subject matter…
A Punctuation Mark: Off-White Files Trademark Application for “PRODUCT BAG”
Last summer, streetwear brand Off-White filed an application with the United States Patent and Trademark Office (USPTO) to register the mark “PRODUCT BAG.” With other Off-White goods bearing logos such as “MAKE UP,” “GOODS,” and “SCULPTURE,” those familiar with the…
Standing Necessary To Appeal an Inter Partes Review Decision
By Kevin Flynn
Article III of the Constitution grants the federal judiciary the power to decide “cases and controversies.”[1] “Standing,” the legal concept ensuring that federal courts review only cases and controversies, focuses on the party bringing suit to analyze the appropriateness…
Oh! Mega Liability for Landlords Under Second Circuit’s Recent Trademark Infringement Ruling in Omega SA v. 375 Canal LLC
In March 2019, after a seven-year-long legal battle, a Manhattan jury found defendant landlord 375 Canal LLC contributorily liable for trademark counterfeiting and infringement and awarded Omega SA statutory damages of $1.1 million ($275,000 for each mark infringed).[1] In…