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, the White House aims to enhance the digital ecosystem’s
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Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?
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 Drive, Inc. v. Strong Industries, Inc., 326 F.3d 1194, 1202…
U.S. Electronic Patent Grants and the Effect on the Timing of Filing Continuation and Divisional Patent Applications
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). In addition to reducing paper waste, the PTO states that…
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 this practice and are useful for anyone seeking to file…
The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales
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, the disclosure of collected information could yield valuable intelligence about…
The Supreme Court Again Declines to Address the Written Description Standard
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. Sanofi, Aventisub LLC.
Juno filed its petition after the…
Holiday Sayings – Who Owns Them?
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 to use on things like sweatshirts and coffee mugs? The…
Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference
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 separate patent that was incorporated by reference.
The patents at…
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 re Sugar Free Specialties, LLC, Serial No. 90706411 (TTAB Dec.…
Juno Therapeutics Requests That the Supreme Court Wait to Make a Decision on Its Written Description Question Until Amgen’s Enablement Case Is Resolved
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 in abeyance pending the resolution of Amgen Inc. v. Sanofi,…