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IP Intelligence

By Baker & Hostetler LLP Visit the blog

648 published works

  1. IP Intelligence

    How the National Cybersecurity Strategy Could Impact Your Business 

    By Tayan Patel

    On March 1, the White House released its National Cybersecurity Strategy (NCS), providing a road map to address cyber threats and secure the U.S.’s digital ecosystem for the future.[1] Specifically,…

  2. IP Intelligence

    Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?

    By Derek Freitas, Scott Danielson

    Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g., Silent…

  3. IP Intelligence

    U.S. Electronic Patent Grants and the Effect on the Timing of Filing Continuation and Divisional Patent Applications

    By Ron Kern

    On April 18, 2023, the U.S. Patent and Trademark Office (PTO) will begin moving away from issuing paper patents and will begin issuing patents electronically as electronic patent grants (eGrants).…

  4. IP Intelligence

    IP Litigation Update in the District of Delaware (Not Patents!)

    By Jeffrey Lyons

    The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Two recent opinions shed some light on…

  5. IP Intelligence

    The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

    By Heather McDonald, Robb Beckerlegge, Kevin Wallace, Megan Corrigan, Sydney Park

    The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners,…

  6. IP Intelligence

    The Supreme Court Again Declines to Address the Written Description Standard

    By Ron Kern

    Without any comments, the Supreme Court has denied Juno Therapeutics’ Petition for Rehearing, which requested that the Court hold the case in abeyance pending the resolution of Amgen Inc. v.…

  7. IP Intelligence

    Holiday Sayings – Who Owns Them?

    By Deborah A. Wilcox, Lisa Bollinger Gehman

    As the holiday season is now upon us, one may wonder: Are general sayings about Christmas, Hanukkah, and other holidays protectible as trademarks? Or are these sayings free for anyone…

  8. IP Intelligence

    Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference

    By Scott Conley

    Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a…

  9. IP Intelligence

    Marks That Are Opposites Sometimes Attract Refusal of Registration

    By Robert Horowitz

    When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. This was not the result in In…

  10. IP Intelligence

    Juno Therapeutics Requests That the Supreme Court Wait to Make a Decision on Its Written Description Question Until Amgen’s Enablement Case Is Resolved

    By Ron Kern

    Juno Therapeutics (Juno) has filed a Petition for Rehearing with the Supreme Court, requesting that the Court vacate its previous order denying Juno’s petition for certiorari and hold the case…