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IP Intelligence

By Baker & Hostetler LLP Visit the blog

648 published works

  1. IP Intelligence

    Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

    By Jessica Watkins

    On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark…

  2. IP Intelligence

    Patent Portfolio Management – a Team Approach to Patent Drafting

    By Shannon McCue

    On my drive to work, there was a trash bag on the freeway, then a box, and later a couple of bags flying around. I wondered where this garbage came…

  3. IP Intelligence

    Strategic Use of a Reissue Application in the Context of an Inter Partes Review (IPR) Proceeding

    By David Farsiou

    In Legend3D, Inc. (Petitioner) v. Prime Focus Creative Services Canada Inc. (Patent Owner), Case IPR2016-00806, the Patent Trial and Appeal Board (Board) lifted a stay of a pending reissue application…

  4. IP Intelligence

    Federal Circuit Provides Guidance on Joint Infringement Standard

    By Andrew Abokhair

    In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017),[1] the Federal Circuit clarified the scope of joint infringement under 35 U.S.C. § 271(a).[2] Specifically, the…

  5. IP Intelligence

    Federal Circuit Splits on Approach to Analyzing Graham Factors

    By Wade Haaland, Allen Sokal, David Farsiou

    In Merck Sharp & Dohme Corp. v. Hospira, Inc.,[1] the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S. Patent No. 6,486,150 (the ’150 patent)…

  6. IP Intelligence

    Spanski Enterprises, Inc. v. Telewizja Polska, S.A.: How Far Is Too Far When It Comes to the Extraterritorial Reach of US Copyright Law?

    By Robert Welsh

    As a general matter, acts of copyright infringement that occur outside the jurisdiction of the United States are not actionable under U.S. copyright law. “The Copyright Act, it has been…

  7. IP Intelligence

    The Federal Circuit Provides a Tutorial on Patent Venue

    By Allen Sokal

    The Federal Circuit in In re Cray, Inc., Appeal No. 2017-129 (Fed. Cir. Sept. 21, 2017), has provided extensive guidance to district courts on the meaning of an alleged infringer’s…

  8. IP Intelligence

    Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement

    By Suzanne Alton de Eraso

    On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in patent infringement actions.…

  9. IP Intelligence

    UGC Uncertainty Consternation Continues

    By Alan L. Friel

    Amended 9th Circuit Decision Does Not Clarify the Extent to Which Service Providers Can Manually Screen for Inappropriate User Content In April 2017, the 9th Circuit Court of Appeals startled…

  10. IP Intelligence

    A Cautionary Tale: IPR Petition Denied Based on Third-Party Submission

    By David Farsiou

    In Cultec, Inc. v. StormTech LLC, IPR2017-00777, Paper 7 (Aug. 22, 2017), the Patent Trial and Appeal Board (Board) denied an inter partes review because the same or substantially the…