Robert S. Katz and Alisa S. Abbott examine protecting and enforcing design rights in the United States in their chapter in Designs: A Global Guide 2018. The guide, published by World Trademark Review, offers practitioners a reference guide to design rights in 15 jurisdictions, including the United States. Click here to read their chapter.
Katie Laatsch Fink and Timothy J. Rechtien present Exit Planning Institute webinar, “Intellectual Property Rights: Don’t Underestimate the Power of Intangible Assets.” Ms. Fink and Mr. Rechtien will discuss the importance of innovation and brand protection, and the value of intellectual property rights. They will also discuss how specific companies have cultivated and used their…
Is Infringement Required to Generate a Case or Controversy for Declaratory-Judgment Jurisdiction? By Sarah A. Kagan Ten years ago, MedImmune successfully sought an expanded scope of declaratory-judgment jurisdiction, asking the U.S. Supreme Court to permit a suit challenging validity of a patent of which it was a paying licensee. MedImmune Inc., v. Genentech Inc.…
Supreme Court Continues its Analysis of the AIA in SAS v. Matal By Katie L. Becker On November 27, 2017, the Supreme Court heard oral argument in SAS Institute, Inc. v. Joseph Matal. Although SAS seems to have taken a back seat to Oil States,[1] the outcome of SAS could heavily impact petitioners, patent…
Supreme Court Considers Constitutionality of Inter Partes Review in Oil States By Benjamin Koopferstock On November 27, 2017, the Supreme Court heard argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC[1], to answer whether inter partes review (IPR) violates the Constitution by “extinguishing private property rights through a non-Article III forum…
Banner & Witcoff, Ltd., a national intellectual property law firm that procures, enforces and litigates intellectual property rights throughout the world, welcomes seven new associates to its Chicago and Washington, D.C., offices. John Harris Curry, Washington, D.C., focuses his practice on post-grant matters, including inter partes reviews, covered business method reviews and post-grant reviews, and…
Inherent Risks to a Common Prosecution Strategy By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. District Court for the District of Delaware, holding Sanofi’s patents, U.S. 8,318,800 and U.S. 8,410,167, not proven invalid for obviousness and not proven narrowed by prosecution disclaimer. Sanofi v.…
Brian Emfinger comments on the strategies applicants use to secure patents on computer software inventions in Law360. In the article, “More Patent Applicants Go Shopping to Combat Alice,” he discusses why, “in a nutshell, it comes down to how the applicant presents the application to the PTO.” Click here to read the article.
Is a Product-by-Process Limitation a Fig Leaf? By Sarah A. Kagan Patent applicants may claim their product inventions using product-by-process recitations. These can be useful when one has no analysis at hand that permits describing a product with sufficient physical attributes. Yet, for patentability, the physical attributes must be such that the product is novel…
Helen Hill Minsker moderated a mini-seminar that focused on the coffee industry on Nov. 7 at the U.S. Patent and Trademark Office in Alexandria, Va. Ms. Minsker, a member of the International Trademark Association’s Government Officials Training Committee, was joined by speakers Ato Getachew Mengisitie Alemu, former director general of the Ethiopian IP Office, and Batur Oktay, director and…
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