LJN - Intellectual Property Strategist
The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies
Tue, 01 Oct 2019 02:21:59 EST
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
       
Exploring the Nebulous Boundaries of Trade Dress
Tue, 01 Oct 2019 02:17:34 EST
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
       
Damages for Extraterritorial Infringement of U.S. Patents
Tue, 01 Oct 2019 02:08:36 EST
A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
       
IP News
Tue, 01 Oct 2019 02:02:20 EST
Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?
       
Seeing Green: Protecting Brands In the Cannabis Industry
Sun, 01 Sep 2019 02:40:58 EST
Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
       
Rights and Obligations In Patent Licenses
Sun, 01 Sep 2019 02:35:24 EST
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
       
Did Congress Create Unintended Risks to Innovators In the AIA?
Sun, 01 Sep 2019 02:30:54 EST
Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.
       
SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement
Sun, 01 Sep 2019 02:03:00 EST
The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute
       
Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment
Thu, 01 Aug 2019 00:07:03 EST
Iancu v. Brunetti

The Supreme Court held the bar against registration of immoral or scandalous marks “collided with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.

      
Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
Thu, 01 Aug 2019 00:05:05 EST
The U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology , ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
      
Takeaways from the Recent Qualcomm Decision
Mon, 01 Jul 2019 01:08:03 EST
The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
      
Reflections on Potential Legislative Reform of the Patent Eligibility Standard
Mon, 01 Jul 2019 01:03:11 EST
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
      
States Not Immune from PTAB Proceedings, Federal Circuit Rules
Mon, 01 Jul 2019 00:53:47 EST
Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.
      
IP News
Mon, 01 Jul 2019 00:47:29 EST
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed
      
As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?
Sat, 01 Jun 2019 00:09:56 EST
Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?
      
Photographs on the Internet: Circuit Courts Examine Copyright Infringement
Sat, 01 Jun 2019 00:07:13 EST
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
      
Stanford Is Serving 11 Flavors of NPE
Sat, 01 Jun 2019 00:05:33 EST
Stanford Law School made available to the public a database of every patent lawsuit that's been filed since 2007.
      
IP News
Sat, 01 Jun 2019 00:03:46 EST
Mercedes Benz USA LLC v. Bombardier
      
Hey! That's My Move!
Wed, 01 May 2019 00:09:49 EST
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing

The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.

      
IPR Estoppel: The Present and the Future
Wed, 01 May 2019 00:07:20 EST
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
      

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