An article written by John Welch, titled "US law inches towards protecting trademark reputation without use" was published by World Trademark Review. Read more (subscription required).
(as published by Law360) In part one of this two-part series, we discussed the latest U.S. International Trade Commission developments involving Patent Trial and Appeal Board proceedings, the public i...
(as published by Law360) Despite a brief hiatus stemming from the government shutdown, 2019 has already been a very busy year in Section 337 practice at the U.S. International Trade Commission. Two ad...
Under the estoppel provisions of 35 U.S.C. § 315(e), if an IPR results in a final written decision, the petitioner is barred from raising invalidity arguments in court or the ITC based on any grounds ...
(as published by Bloomberg Law) Determining whether a party can be sued in a particular venue is crucial for both patent owners looking to file suit and accused infringers seeking to avoid a given ven...
The Federal Circuit recently declined to consider whether a successful IPR petitioner is estopped from making its winning invalidity arguments in district court. If a winning petitioner does face esto...
An article authored by Dan Rudoy titled “Strategies for Patenting AI Innovations In Life Sciences” appeared in the July/August issue of Life Science Leader. Read more.
(as published by the New York Law Journal) Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants’ non-infring...
(As published by Bloomberg) OVERVIEW: The U.S. Supreme Court struck down the Lanham Act’s bar on registering immoral or scandalous marks on June 24, allowing federal trademark protection for “immoral ...
An article by John Strand and Ethan Marks titled “Supreme Court: Licensee may use trademark after bankruptcy rejection, subject to license” was published in Thomson Reuters Westlaw Journal. Read more.
An article co-authored by Hunter Keeton titled “What Is the Key to Unlocking the Federal Circuit’s Divided Infringement Test?” was published in the May/June 2019 issue of IP Litigator. Read more.
An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB. To make matters worse, the PTAB may decide to invoke its d...