Tag Archives: Intellectual Property

In a recent landmark ruling, the Federal Circuit, sitting en banc, held that Section 2(a) of the Lanham Act’s ban on “disparaging” marks violates the First Amendment.[1]  Section 2(a) provides that no trademark shall be refused registration “unless it consists … Continue reading

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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

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The Association of Media and Entertainment Counsel (AMEC), the leading trade association serving general counsel and business affairs attorneys, has named Glaser Weil the 2016 Law Firm of the Year. Michele McShane, Assistant General Counsel and Senior Director of IP … Continue reading

Posted in AMEC, Copyright & Idea Theft, Intellectual Property, Trade Secret & Unfair Competition, Trademark & Trade Dress, Uncategorized | Tagged , , , , | Comments Off on Glaser Weil Named AMEC’s Law Firm of the Year

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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On January 27, 2016, Glaser Weil Partner, Mieke Malmberg, moderated a panel for the AIPLA Mid-Winter Institute in La Quinta, California. The panel, entitled “Across the (IP) Universe: Developing a Diverse IP Portfolio Including Trademarks, Trade Secrets and Copyrights in … Continue reading

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Recently, the  Federal Circuit, for a second time this year, evaluated infringement of a method claim.[1]  The Court, vacating the recent panel decision in May, outlined the governing framework for direct infringement of a method claim.  It held that direct … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , | Comments Off on The En Banc Federal Circuit in Akamai v. Limelight Broadens the Scope of Direct Infringement under Section 271(a)

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

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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?

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

In its highly anticipated decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, the United States Supreme Court unanimously ruled that an abstract idea is not patentable simply because it is implemented on a computer. The case itself is … Continue reading

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