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IP Intelligence
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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,…
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…
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).…
IP Intelligence
IP Litigation Update in the District of Delaware (Not Patents!)
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…
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,…
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.…
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…
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…
IP Intelligence
Marks That Are Opposites Sometimes Attract Refusal of Registration
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…
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…