Filewrapper

Who owns the Trademark: Distributor v. Manufacturer

The Trademark Trial and Appeal Board (TTAB) has previously held that in the absence of an agreement between a manufacturer and a distributor, there is a legal presumption that the manufacturer is the owner of the trademark. The presumption that the manufacturer is the owner of a disputed mark may be rebutted. In determining which […]

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Innovation Promotion Act Would Mean Income Deductions for Patents

Currently tax law does not permit deductions or other preferential tax rules for income derived from intellectual property. Proposed tax reforms consider changing this. On July 29th the House Ways and Means Committee members Charles Boustany (R-LA) and Richard Neal (D-MA) released a legislative proposal for public comment outlining the Innovation Promotion Act that would, in […]

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Legal Issues in the Music Industry: Music in Film & TV

Legal Issues in the Music Industry: Music in Film & TV   This is the first blog of many that will focus on the diverse legal issues that affect musicians, artists, songwriters, and other music industry related entities. I routinely get asked the same questions over and over again which I will attempt to break down […]

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White House Calls for Modernization of Biotechnology Regulations

Biotechnological innovation is potentially subject to a variety of governmental regulations. For example, therapeutics for disease treatment or prevention in humans are subject to review and approval by the Food and Drug Administration (FDA). Innovations relating to crops or livestock may be subject to the Department of Agriculture (USDA). However, the regulations promulgated by these governmental agencies are […]

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USPTO Issues Updated Guidance on Patent Eligibility

Patent eligibility under 35 U.S.C. ┬ž 101 has been an area of significant change in recent years.  Several Supreme Court decisions have changed our understanding of what does and does not qualify for patent protection.  These decisions, in turn, have required a change in the procedures implemented by the USPTO during the examination of patents. […]

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Peace, Love, and Trademarks

Federal Trademark registration allows the owner of a mark to enforce their rights throughout the U.S. Once a trademark registration is filed, however, those rights can be challenged either through litigation or though opposition proceedings instituted at the USPTO. In particular, a registered trademark can be challenged on the basis that it is likely to cause […]

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Google Patents and Cooperative Patent Classification (CPC)

Users of Google Patents might have noticed a recent update. In addition to a new interface and layout, the most exciting innovation is an improved searching function. As background, patentability requires an invention be novel and non-obvious. To determine whether these legal requirements are satisfied, the United States Patent and Trademark Office (USPTO) substantively examines pending patent […]

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Federal Circuit Weighs in on Abbreviated Biosimilar Applications

The Biologics Price Competition and Innovation Act (BPCIA) establishes an abbreviated pathway for regulatory approval of follow-on biological products that are highly similar to a previously approved product (the reference product).  The general structure of the abbreviated pathway, referred to as “biosimilar” licensure , is similar to that used for Abbreviated New Drug Applications (ANDA) under the […]

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Impact of eBay on Injunctive Relief

Both preliminary and permanent injunctions can be crucial forms of relief in any patent case. In addition to preventing continuing infringement of a patent, an injunction puts the patent holder in a much better bargaining position for future licensing negotiations. In its eBay decision in 2006, the Supreme Court required lower courts to apply a […]

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Octane Fitness in Practice: Federal Circuit Applies Supreme Court Attorney Fees Standard

The Supreme Court decision in Octane Fitness LLC v. ICON Health and Fitness (previously discussed on Filewrapper┬«) changed the standard for awarding attorney fees in patent suits to the prevailing party in exceptional cases under Section 258 of the patent statute. In Octane Fitness, the Court further defined “exceptional cases”to mean those “that stands out […]

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