Tag Archives: federal court

The Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law by President Obama on Wednesday, May 11, 2016.[1]  This new act is the final piece of the federal law puzzle regarding intellectual property protections.  Until now, IP owners … Continue reading

Posted in Intellectual Property, Trade Secret & Unfair Competition | Tagged , , , , , , , , , , , , , , , , | Comments Off on Connecting the Dots with DTSA

TVEyes is a media monitoring service, claiming, “to organize the world’s TV and radio broadcasts and make them universally searchable by the spoken word.”[1] Founded in 1999, the service uses innovative “audio mining” speech analytics technology to record and transcribe … Continue reading

Posted in Copyright & Idea Theft, Intellectual Property | Tagged , , , , , , , , , , , | Comments Off on TVEyes on the Prize: Clarifying the Law of Copyright Fair Use

As most practitioners know, even a duly issued patent can be invalidated under 35 U.S.C. § 101 if the patent’s claims are directed to a “patent-ineligible concept,” such as an abstract idea.  Yet, trying to anticipate whether a patent claim … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , | Comments Off on 35 U.S.C. § 101 – If At First You Don’t Succeed, Try, Try Again

Summary In its February 12, 2016 decision in Lexmark International, Inc. v. Impression Products, Inc., the Federal Circuit addressed two issues: (1) whether patent exhaustion applies when a patented item is sold subject to an express single-use/no-resale restriction, and then … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , | Comments Off on Lexmark International, Inc. v. Impression Products, Inc. – The Latest on Patent Exhaustion

On February 11, 2016, Glaser Weil Partner, Mieke Malmberg, presented a one hour webinar sponsored by the State Bar of California on the use of the Federal Circuit’s Model order on electronic discovery in patent cases. Many times parties stipulate … Continue reading

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In last week’s 6-5 decision in SCA Hygiene Prod. v. First Quality Baby Prod., LLC, No. 2013-1564, 2015 WL 5474261 (Fed. Cir. Sept. 18, 2015), the US Court of Appeals for the Federal Circuit, sitting en banc, reaffirmed that laches … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , , | Comments Off on Laches As a Defense to Patent Damages Survives – For Now

In late April, the U.S. Supreme Court adopted changes to the Federal Rules of Civil Procedure which have significant implications for patent plaintiffs.  In an April 29, 2015 order, the high court approved, without comment, changes initially approved by the … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , | Comments Off on No Suit For You! Changes to Patent Pleading Standard Issued By the U.S. Supreme Court Require More Than Bare Bones Pleading

On March 24, 2015, the U.S. Supreme Court issued its long-awaited decision in the case of B&B Hardware, Inc. v. Hargis Indus., Inc. B&B Hardware owned the federally registered trademark SEALTIGHT for use in connection with fasteners and related hardware … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , , , , , , , | Comments Off on B&B Hardware, Inc. v. Hargis Industries, Inc. – U.S. Supreme Court Holds TTAB Decisions Can Have Preclusive Effect on District Courts

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain provisions of the Lanham Act. As we previously … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , , , , , , , , , , , , , , , , , , , | Comments Off on For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?