Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by Susan Natland and Jonathan Menkes In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the and marks owned by an individual,…
Written by Bridget Smith and Damien Howard For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court…
Written by Jonathan Hyman and Scott Forbes In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD…
Written by Cheryl Burgess and Jeremy Anapol The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. [1] Before Alice reached the Supreme Court, ten judges of the Federal…
Written by Jonathan Hyman and Loni Morrow On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual…
Written by Lincoln Essig and Nora Marachelian The Federal Circuit’s recent decision in Synopsys, Inc. v. Mentor Graphics Corp. , Case No. 2015-1599 (Fed. Cir. Oct. 17, 2016), upholding the lower court’s grant of summary judgment of invalidity…
Written by Jason Jardine and Jane Dai On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving…
Written by: Jonathan Hyman and Loni L. Morrow The closely watched case of Star Athletica v. Varsity Brands was argued in front of the the Supreme Court on Monday , offering anxious fashion designers a glimpse into how the Justices may rule. As a brief…
Written by Brenden Gringrich and Jane Xia On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to…
Written by Robb Roby and Samantha Markley Wal-Mart Stores, Inc. asked the Trademark Trial and Appeal Board (TTAB) to reconsider its rejection of an application for the mark GEORGE in connection with watches, clocks, jewelry, and imitation jewelry in Class…
Written by Scott Siera, Ph.D. and Agnes Juang, Ph.D. Patent applications containing nucleic acid or protein sequences are required to include an electronic sequence listing using a required format and standard symbols. The United States Patent and…
Written by Linda Xu and Andrew Schwaab In a recent article , we discussed how courts have used patent specifications in finding that patents satisfy the Supreme Court’s Mayo/Alice test. However, the specification may be a double-edged sword. Language…
