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IP Update
Prevailing at the PTAB Can Mean Prevailing Party Attorneys’ Fees
By Jodi Benassi
Addressing whether attorneys’ fees may be awarded in a patent infringement lawsuit where an accused infringer successfully invalidates claims in an inter partes review (IPR) proceeding, the US Court of…
IP Update
Patent Term Extension Only Applies to Approved Product
In a case relating to a patented method for treating multiple sclerosis, the US Court of Appeals for the Federal Circuit found that patent term extension (PTE) only applies to…
IP Update
Thank You to Our Readers
We greatly appreciate our readers over the past year and are pleased to share that we were recently recognized for our intellectual property thought leadership in the 2020 JD Supra…
IP Update
CBD Products in the Time of COVID-19: Best Practices for Making Your (Trade)mark
By Sarah Bro
In the midst of an unprecedented and unsettling global pandemic, one constant remains: certain entrepreneurial-minded folks will not miss the opportunity to file trademark applications for new “brands” that align…
IP Update
Defendant Not “Prevailing Party” for Purposes of Attorneys’ Fees After Voluntary Dismissal Without Prejudice
By Hala Mourad
The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of attorneys’ fees under § 285, finding that a defendant is not a “prevailing party” for…
IP Update
Neither AIA Proceeding nor Government Infringement Constitute Fifth Amendment Taking
The US Court of Appeals for the Federal Circuit upheld a US Court of Federal Claims dismissal, rejecting arguments that patent infringement is a taking under the Fifth Amendment. Golden…
IP Update
Can’t Have Layered Architecture Cake and Eat It Too: No Importing Limitations from Specification in § 101 Analysis
Addressing both the availability of appeal in the absence of a Rule 50(b) motion and the appropriateness of importing limitations from the specification in a 35 USC § 101 analysis,…
IP Update
Patent’s Explicit Description of Claimed Advantages Defeats § 101 Challenge
Reversing a district court’s motion to dismiss, the US Court of Appeals for the Federal Circuit found patent claims directed to cardiac monitoring devices patent eligible under 35 USC §…
IP Update
Supreme Court: Profit Disgorgement Available Remedy for Trademark Infringement, Willful or Not
By Sarah Bro
Resolving a split among the circuits regarding whether proof of willfulness is necessary for an award of a trademark infringer’s profits, the Supreme Court of the United States issued a…
IP Update
Stratus Update: Federal Circuit Affirms TTAB Refusal to Register Telecoms Mark
The US Court of Appeals for the Federal Circuit affirmed a US Patent & Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) refusal to register the mark STRATUS over…