Case summaries and articles about intellectual property that are relevant to the United States of America.
- Filter by
- Categories
- Tags
- Show all
- Article
- Confusion
- Contract
- Copyright
- Corporate
- Domain Names
- Employment
- Expungement
- Expungement
- Grey Marketing
- Industrial Designs
- Licensing
- Obviousness
- Opposition
- Passing Off
- Patent
- Patent Infringement
- Patent Strategy
- PCK News
- PM(NOC)
- Procedure
- Prosecution
- Services
- Summary
- Trade Secrets
- Trademark
- Use
- Validity
- Abandonment
- Abstract Theorems
- Abuse of Process
- Accounting of Profits
- Alice/Mayo Test
- Ambiguity
- Anticipation
- Appeal
- Apple
- Artificial Intelligence
- Assignment
- Bargain Theory
- Biosimilar
- Biotech Patents
- Branding
- business
- CAFC
- Canada
- Certificate of Supplementary Protection
- Chemical Patent
- CIPO
- claim
- Claim Construction
- Class Actions
- College of Patent Agents and Trademark Agents
- combination drugs
- Commercial Success
- Common General Knowledge
- Confidential Information
- Confusion
- Contract
- Copyright
- Copyright Infringement
- Costs
- Counterfeit
- Court of Appeals for the Federal Circuit
- COVID-19
- Damages
- Data Protection
- Design Patents
- Distinctiveness
- Diversity
- DNA Patents
- Domain Names
- Dosage Range
- Double Patenting
- Due Care
- E-Commerce
- Enablement
- Estoppel
- Evidence
- Expert Evidence
- Fair Use
- Federal Court
- Federal Court of Appeal
- File Wrapper Estoppel
- Food and Drug Regulations
- Fraud
- funding
- Generic Drugs
- Hague Agreement
- Indefiniteness
- Induced Infringement
- Industrial Designs
- Injunction
- Innovation
- Innovative Drugs
- Insufficient Disclosure
- Intellectual Property
- Inter Partes Review
- Investors
- IP Litigation
- IP Strategy
- IP Treaty
- IPIC
- Jurisdiction
- Law Firm
- Licensing IP
- Madrid Protocol
- Methods of Medical Treatment
- Non-Infringing Alternative
- Non-Practicing Entity
- Novelty
- Obviousness
- Official Marks
- On-Sale Bar
- Overbreadth
- Ownership & Inventorship
- Passing Off
- Patent Act
- Patent Agent
- Patent Appeal Board
- Patent Application
- Patent Drafting
- Patent Fees
- Patent Infringement
- Patent Law
- Patent Lawyer
- Patent Litigation
- Patent Prosecution
- Patent Rules
- Patent Strategy
- Patent Term Adjustment
- Patent Textbook
- Patent Trolls
- Patent Validity
- Patentable Subject Matter
- Patents
- PCT
- Pharmaceutical Patent
- Pharmaceutical Pricing
- PM(NOC)
- PMPRB
- Prior Art
- Prior Disclosure
- prior use
- Priority
- Privilege
- Product Specificity
- Promise Doctrine
- Provisional Patent
- Punitive Damages
- Reinstatement
- Remedies
- SCOTUS
- Selection Patent
- Software
- Software Copyright
- Software Patent
- Sound Prediction
- Springboard Profits
- SRED
- Standard of Review
- Start-up
- Startups
- Supreme Court of Canada
- Technology
- Trade Secrets
- Trademark
- Trademark Agent
- Trademark Expungement
- Trademark Infringement
- Trademark Law
- Trademark Opposition
- Trademark Registration
- Trademarks Act
- United States
- Use
- USPTO
- Utility
April 18, 2017
April 18, 2017
580 U. S. (2017) - SCOTUS affirmed a lower court's decision that designs in the cheerleading uniforms designed, made and sold by Varsity were copyrightable material under section 101 of the Copyright Act of 1976.
October 24, 2016
October 24, 2016
The ITC finally dropped its investigation against the dental equipment manufacturer ClearCorrect. The move comes long after the ITC lost a legal battle that decided that the ITC does not have the power to police the importation of digital data, even where that digital data is being used to 3D-print a patented product in the United States.
September 6, 2016
September 6, 2016
In Re Smith, (Fed. Cir. 2015-1664) - A patent application for a variation on the blackjack game was rejected as unpatentable after the CAFC applied the two-step test for patentable subject matter from Mayo and Alice.
August 19, 2016
August 19, 2016
(No. 14-1802 Fed. Cir.) - The CAFC held that a patentee does not have to prove that the infringing features of a competitor’s product were the exclusive or predominant reason why consumers bought the competitor’s product to obtain an injunction for patent infringement. Rather, it is sufficient to prove that there was some connection between the infringing features and the demand for the competitor’s product.
May 20, 2016
May 20, 2016
In the Enfish case, the Federal Circuit confirmed the patentability of a “self-referential” database invention as not being directed to an abstract idea under 35 U.S.C. § 101. In the TLI Communications, the Federal Circuit found a proposed invention of classifying and storing digital images using a telephone unit to be abstract.
April 26, 2016
April 26, 2016
We have prepared a guide that outlines the timelines and major spend points for two common patent filing strategies: a global patent filing and US-only patent filing.
March 30, 2016
March 30, 2016
2015 FCA 116 - The FCA advised that where expert evidence plays a significant role, claim construction might involve subsidiary factual disputes reviewed on a palpable and overriding error standard, which is equivalent to the United States clear error standard.
February 26, 2016
February 26, 2016
The CAFC took issue with inconsistent statements between a provisional patent application and the subsequent formal patent and invalidated a number of the patent’s claims for being indefinite.
November 23, 2015
November 23, 2015
The CAFC has now granted a petition for a rehearing the case on this issue of whether or not the sale of bivalirudin from the supplier gave rise to an on-sale bar.
November 6, 2015
November 6, 2015
The USPTO is proposing a 48% increase in government fees to obtain a design patent.
October 2, 2015
October 2, 2015
Akamai Technologies, Inc, v Limelight Networks, Inc, 09-1372 - The CAFC held that where more than one actor is involved in infringing the steps in a patent, one of the actors can be held liable for the entirety of the infringement if that actor “directs or controls the other’s performance.”
September 30, 2015
September 30, 2015
OrthoArm Incorporated v GAC International, LLC, 2015 ONSC 5097 - The ONSC was to undertake the analysis that would normally be done at a Markman hearing: to perform claim construction on the US patent and apply that construction to determine whether there is infringement.
August 20, 2015
August 20, 2015
USPTO Proposes AIA Rule Changes - Proposes to affirm the "broadest reasonable interpretation standard" in IPR proceedings and other changes.
August 17, 2015
August 17, 2015
Microsoft Corporation v Proxyconn, Inc, - The “broadest reasonable interpretation standard” (“BRI”) standard is the standard for claim construction in Inter Partes Review IPR proceedings and newly substituted claims must be demonstrated to be patentable over the prior art of record.
May 11, 2015
May 11, 2015
Beginning May 13, 2015, U.S. entities will be able to file a single international application in a single language to obtain protection for up to 100 industrial designs in over 64 territories. Canadians with U.S. relations may be able to participate.
February 23, 2015
February 23, 2015
Teva Pharmaceuticals USA, Inc, et al v Sandoz, Inc, et al, 574 US __ (2015) - United States Supreme Court clarified that claim construction can involve subsidiary factual disputes that are reviewed on a clear error standard, while the ultimate question of claim construction is reviewed de novo.
January 20, 2015
January 20, 2015
Google, Inc v Oracle America, Inc, 14-410 - This case would put at issue whether Java’s method headers are subject to copyright protection, or whether they are excluded by Section 102(b) of the Copyright Act for being a system or method of operation.
July 3, 2014
July 3, 2014
Nautilus Inc v Biosig Instruments Inc, No 13-369, 572 US ____ (2014) - On the matter of interpreting the meaning of electrodes in a "spaced relationship with each other", the US Supreme Court held that a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention and remanded the case to the Federal Circuit.
July 3, 2014
July 3, 2014
Limelight Networks Inc v Akamai, No 12–786, 572 US ____ (2014) - The US Supreme Court reaffirmed that induced infringement requires direct infringement.
June 20, 2014
June 20, 2014
Alice Corp v CLS Bank, No 13–298, 573 US ____ (2014) - The US Supreme Court rejected patent claims that “relate to a computerized scheme for mitigating ‘settlement risk’" for being drawn to the abstract idea of intermediated settlement. Merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.