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IP Intelligence

By Baker & Hostetler LLP Visit the blog

648 published works

  1. IP Intelligence

    The Federal Circuit Weighs In on Evidentiary Considerations for Famous Marks and Analyzes Third-Party Usage

    By Jason Oliver

    The Court of Appeals for the Federal Circuit recently held that the Trademark Trial and Appeal Board (TTAB) erred in concluding that there is no likelihood of confusion between Omaha…

  2. IP Intelligence

    PTAB Denies Institution Despite Petitioner Demonstrating Reasonable Likelihood of Prevailing With Respect to at Least One Claim

    By David Farsiou

    In SAS Institute v. Iancu, 138 S. Ct. 1348, 1351 (2018), the Supreme Court held that when the Patent Trial and Appeal Board (the Board) institutes an inter partes review,…

  3. IP Intelligence

    Beware of Fraudulent Requests to USPTO to Change Official Trademark Registration Records

    By Deborah A. Wilcox

    We have been alerted by the United States Patent and Trademark Office (USPTO) of unauthorized attempts by unknown parties to amend our clients’ trademark registration records.  Filing Correspondents and Attorneys…

  4. IP Intelligence

    Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging

    By Shannon McCue

    Trademark law recognizes that a color can be used to identify the source of products and therefore, enjoys protection under trademark law. Let’s test your color brand awareness: • What…

  5. IP Intelligence

    USPTO Memo Addresses Eligibility of Method-of-Treatment Claims in View of Federal Circuit Decision

    By David Farsiou

    In a memorandum dated June 7, 2018 (Memo), the U.S. Patent and Trademark Office (USPTO) set out new guidance concerning method-of-treatment claims, which should be welcome news for patentees. The…

  6. IP Intelligence

    Additional Discovery of Clinical Trial Data in <i>Inter Partes</i> Review

    By Timothy Doyle, David Farsiou

    In Apotex, Inc. et al. v. Novartis AG (IPR 2017-00854, paper 47 dated Feb. 5, 2018), petitioner Apotex sought, and was granted, discovery of a Phase III clinical trial protocol…

  7. IP Intelligence

    Important Copyright Protections for Software to be Addressed in Pending Federal Circuit Appeal

    By Chad Rutkowski

    In December 2014, Cisco Systems, Inc. sued rival ethernet switch provider Arista Networks, Inc., for more than $300 million because it allegedly infringed Cisco’s copyrights in operating system software that…

  8. IP Intelligence

    Core Wireless: Moving Beyond Eligibility as the Exception to the Exception?

    By Brendan Clark

    January was an exciting month for patent professionals still attempting to make sense of the fallout from the Supreme Court’s 2014 Alice Corp. v. CLS Bank International decision. Hot on…

  9. IP Intelligence

    <i>Finjan v. Blue Coat Systems</i>: Attaching Security Profile to a Downloadable Is Patent Eligible

    By Michael Stein

    In Finjan v. Blue Coat Systems, the Court of Appeals for the Federal Circuit rendered a decision containing interesting rulings on patentable subject matter (affirming the District Court determination that…

  10. IP Intelligence

    2017 – The Year in Which Copyright Went Beyond Source Code

    By Chad Rutkowski

    2017 was a big year for raising the profile of copyright in protecting computer programs. Two cases in particular helped bring attention to a myth that was addressed and dispelled…