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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…
IP Intelligence
PTAB Denies Institution Despite Petitioner Demonstrating Reasonable Likelihood of Prevailing With Respect to at Least One Claim
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,…
IP Intelligence
Beware of Fraudulent Requests to USPTO to Change Official Trademark Registration Records
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…
IP Intelligence
Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging
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…
IP Intelligence
USPTO Memo Addresses Eligibility of Method-of-Treatment Claims in View of Federal Circuit Decision
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…
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…
IP Intelligence
Important Copyright Protections for Software to be Addressed in Pending Federal Circuit Appeal
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…
IP Intelligence
Core Wireless: Moving Beyond Eligibility as the Exception to the Exception?
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…
IP Intelligence
<i>Finjan v. Blue Coat Systems</i>: Attaching Security Profile to a Downloadable Is Patent Eligible
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…
IP Intelligence
2017 – The Year in Which Copyright Went Beyond Source Code
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…