The U.S. Patent Office Is Improving The Director of the U.S. Patent and Trademark Office, in remarks yesterday to the George Washington School of Law, noted numerous improvements and initiatives at the Patent Office to improve the patent process, such as: Time from filing to first action has decreased 43% in the past 5 years, from 28 months in 2011 to […] Continue Reading →
Prepping for Protection: First Steps to Developing an IP Strategy Whether you are an individual, a start-up company, or an existing business, two of the hardest (and most important) questions are: “Do I have intellectual property?” and “How do I protect it?” First, having a qualified attorney will help make answering these questions significantly easier and they can help guide you through the development of […] Continue Reading →
The Eagles Sue Hotel California On a dark desert highway, cool wind in my hair Warm smell of the courtroom, rising up through the air (sorry) Earlier this week, The Eagles sued a Mexico based hotel, aptly named Hotel California, alleging trademark infringement and unfair competition. The case, filed May 1, 2017, isEagles Ltd v Hotel California Baja LLC et […] Continue Reading →
Federal Circuit Clarifies The Post-AIA On-Sale Bar Yesterday, in Helsinn v. Teva, the Federal Circuit added greater clarity to the restrictions the sale of inventions pose to patentability. Under 35 U.S.C. § 102, an invention cannot be patented if the claimed invention was on sale before the effective filing date of the claimed invention. In Helsinn, the Federal Circuit took steps to […] Continue Reading →
Let’s Go Crazy: Legal Battle Heats Up Over Unreleased Prince Recordings On the anniversary of Prince’s death, a battle is being waged over the late musician’s work. Last week, Prince’s estate sued a sound engineer who was planning to release a six-song EP containing previously unreleased Prince recordings. The estate alleged that this engineer, George Ian Boxill, was in unlawful possession of the recordings and did […] Continue Reading →
Did You Know WIPO Could Do That? Patent Offices around the world – including the U.S. Patent and Trademark Office – are continually improving websites through enhanced user interfaces and also providing new tools. The World Intellectual Property Organization (WIPO) is no exception. WIPO has long been a references for searching and downloading international applications, namely Patent Cooperation Treaty (PCT) patent applications. […] Continue Reading →
Anticompetitive Practices or Protecting IP? 1-800 Contacts Faces Class Action Lawsuit Over Keyword Advertising Agreements Contact lens company 1-800 Contacts is currently facing a class action lawsuit for agreements it allegedly entered into regarding online search advertising as early as 2004. Earlier this month, a class of consumers who had purchased contact lenses through the 1-800 Contacts website, including Florida resident Kathryn Champion, filed suit in federal court against the […] Continue Reading →
Three Cheers for Copyrights: SCOTUS Establishes New Standard for Determining Separability On March 22, the U.S. Supreme Court issued a ruling aimed at resolving “widespread disagreement” over an important aspect of copyright law. Under U.S. copyright law, “original works of art” are capable of protection, whereas “useful articles” are not. However, the distinction between works of art and useful articles can often be hazy, particularly when […] Continue Reading →
The Supreme Court changes patent law again on how long can a plaintiff wait to file a patent infringement action If a plaintiff files an infringement action against a defendant, federal law imposes a statute of limitations that there can be no recovery for infringement more than six years before filing of the complaint or counterclaim asserting infringement. 35 USC § 286. Separately, the concept of “laches”is a defense that can be used by a […] Continue Reading →
USPTO Heightens Post-Registration Requirements for Trademarks The U.S. Patent and Trademark Office (USPTO) has recently made changes to the post-registration requirements for U.S. trademark registrations. Effective March 21, 2017, the USPTO will implement a post-registration audit program intended to obtain additional evidence and ensure accuracy of claims that a trademark is in use in commerce in connection with the goods/services listed […] Continue Reading →