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  • Article

    Upcoming Fee Adjustment Affects All Information Disclosure Statements (IDS), Not Just The Large Ones

    The Federal Register publication entitled Setting and Adjusting Patent Fees During Fiscal Year 2025 dated 11/20/2024 sets forth increases to several fees...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Overturns PTAB Denial Of Motion To Amend Claims In IPR Proceeding

    On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB's strict requirements for amending claims.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
Article

Federal Circuit Rules That PTAB Claim Construction In Inter Partes Interference Proceeding Is Not Binding On District Court In Later Litigation

One recurring question arising from AIA trials and other post-grant proceedings before the PTAB is whether a claim construction ruling made during the administrative proceeding is binding on a district court...
United StatesIntellectual Property
Brooks Kushman P.C.
Brooks Kushman P.C.
  • Article

    Federal Circuit Rules That PTAB Claim Construction In Inter Partes Reexamination Proceeding Is Not Binding On District Court In Later Litigation

    Is a claim construction ruling made during the administrative proceeding binding on a district court in a subsequent infringement lawsuit or other litigation?
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Outsourced Manufacturing: Taking A Proactive Approach With Your Intellectual Property

    Companies developing new products sometimes opt to outsource the fabrication of prototypes or the pilot-stage manufacture of products for beta testing.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Agrees to Hear Trademark License Bankruptcy Dispute

    The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner's bankruptcy may have on a licensee's right to continue to use a mark licensed before the bankruptcy was filed.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    USPTO Will Continue To Apply Lower In Re Packard Indefiniteness Standard During Examination

    The USPTO Patent Trial and Appeal Board announced that it will continue to reject claims as indefinite under 35 U.S.C. § 112(b) when they contain words or phrases whose meaning is "unclear," ...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    "What If I Told You None Of It Was Accidental?" Cetaphil's "Mastermind" Marketing Tactics Balance Taylor Swift Imagery And IP Rights

    The Cetaphil #GameTimeGlow commercial, aired before the 2024 Super Bowl, has garnered attention for its portrayal of a father and daughter bonding over football, indirectly tied to Taylor Swift's appearances at Kansas City Chiefs games.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Texas Aims To Lead The United States In Data Privacy

    On December 12th, 2024, Texas Attorney General Ken Paxton launched investigations into 15 companies over potential violations of children's privacy and safety laws.
    United StatesPrivacy
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Grants En Banc Review Of PTAB Amendment Practice

    On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO PTAB...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court To Consider First Amendment Challenge To Lanham Act's Bar On Disparaging Marks

    On September 29, the U.S. Supreme Court granted certiorari in a case involving the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), which bars the federal registration of disparaging trademarks.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Navigating Patent Claim Drafting For Effective Enforcement

    Drafting claims that balance patentability and enforceability is both an art and a science.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Utah's Artificial Intelligence Act Swings Into Full-force May 1st

    Utah is poised to enforce the Utah Artificial Intelligence Policy Act ("UAIP;" S.B. 0149) a first-of-kind legislation that is going into effect on May 1, 2024.
    United StatesCorporate/Commercial Law
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Final Rule On 2025 US Patent Fee Changes

    Changes to the US patent fee structure are set to take effect on January 19, 2025, following today's publication of the USPTO Final Rule notice.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court Rules That Laches Is Not A Defense To Patent Infringement Damages Claims

    In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. (2014), the Supreme Court ruled that the equitable defense of laches is not available when a copyright owner brings a claim for damages...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    The Broad Implications Of Warner Chappell Music, Inc. v. Nealy On Copyright Damage Recovery

    The U.S. Supreme Court's recent decision in Warner Chappell Music, Inc. v. Nealy has profound implications for copyright disputes. This ruling recalibrates how damages...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Supreme Court's TC Heartland Decision Will Have Far-Reaching Impact On Where Companies Can Be Sued For Patent Infringement

    The U.S. Supreme Court has rejected the prevailing interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and held in an 8-0 decision that a domestic corporation defendant may be sued...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Labor Unions And Logos: Where To Draw The Line In Analyzing Design Elements?

    When we think of trademark infringement, unions don't typically come to mind.
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    Federal Circuit Firmly Rejects PTAB Criteria For Covered Business Method Review

    In a recent panel decision that deviates from the Federal Circuit's current tendency to defer to the U.S. Patent and Trademark Office's interpretation of the Leahy-Smith America Invents Act...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Article

    USPTO Announces Fee Increases Effective January 16, 2018

    United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings...
    United StatesIntellectual Property
    Brooks Kushman P.C.
    Brooks Kushman P.C.
  • Showing 41–60 of 136 results

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