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. […]
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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 […]
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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 […]
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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 […]
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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 […]
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Federal Circuit Affirms $7.5 Million Award in Telecommunications Suit
On Tuesday, the Federal Circuit affirmed a $7.5 million jury verdict against Sprint in litigation over a series of Comcast patents addressing computer network technology assisting telephone calls. More specifically, the patents use Domain Name System (DNS) technology to identify a call destination, and route the calling party through a telecommunication system. Essentially, the call […]
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Juggling your Patent Family to Keep Optimal Patent Life
You’ve filed a patent application that is to a broad, important aspect of your product, and also filed a continuing application to one version of that invention. The narrower second-filed application receives a notice of allowance. But before you pay the issue fee, it is worthwhile to consider whether this second narrower will impact the […]
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Not so ‘Black or White’: IRS Takes on Michael Jackson
How much is Michael Jackson worth? This is one of the underlying questions currently being considered in U.S. Tax Court right now, as Michael Jackson’s estate battles with the Internal Revenue Service over the late entertainer’s estate taxes. The IRS served the Jackson estate with a notice of deficiency back in 2013 contesting the estate’s […]
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Are Patents by State Universities More Valuable?
A recent USPTO Patent and Trial Appeal Board (“PTAB‚¬) decision begs the question whether patents owned by State Universities have increased value. The case, Covidien LP v. University of Florida Research Foundation Inc., held that patents assigned to State universities cannot be challenged in popular inter parties review (IPR) proceedings, because of state sovereign immunity under the […]
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When the Unthinkable Happens: IP Considerations for Bankruptcy
In the event that the unthinkable happens and bankruptcy becomes the only course of action for businesses, having not only a good bankruptcy attorney, but also having an involved IP attorney is vital to ensure that rights in valuable intellectual property are appropriately addressed and maintained. A basic understanding of Chapter 7 and Chapter 11 […]
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