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  • Article

    Big Hunk A' Love? Not From The King

    Ben Franklin, certainly. Abe Lincoln, sure. But the King? Not so fast, gunslinger.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Rejects PTAB Test For Determining Whether Patent Is "Covered Business Method"

    In Unwired Planet, LLC v. Google Inc., the Federal Circuit recently held that the PTAB definition of a CBM was inconsistent with the statutory language of the America Invents Act (AIA).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The Phantom Lives! TTAB Reverses Patent Office, Restores Enterprise's Modified Mark

    Enterprise Holdings sought to register a proposed new version of the familiar mark they use for their consumer automobile rental brand ENTERPRISE, but with a key difference.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Strategies For Post-Grant Review

    The America Invents Act (AIA) introduces several new procedures for challenging the validity of an issued patent before the US Patent and Trademark Office (USPTO), with the intention of reducing the time and expense associated with litigation.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Not Every Party Will Have Article III Standing In An Appeal From A PTAB Final Written Decision

    The Patent Trial and Appeal Board ("PTAB") found the asserted claims of U.S. Patent No. 8,337,856 ("the '856 patent") are nonobvious in a final written decision.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. Supreme Court To Review Willful Infringement Standard In Patent Cases

    The patent owner petitioners in Halo and Stryker assert that the Federal Circuit has impermissibly restricted the discretion of district courts to only enhance damages under § 284 if the infringement is found to be willful.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Holds Hatch-Waxman ANDA Filing and Certification Are Sufficient Contact to Confer Personal Jurisdiction in Delaware

    On Friday March 18, the Federal Circuit issued an opinion in a pair of appeals involving the contours of personal jurisdiction in Hatch-Waxman litigation ..
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    First-To-File Cautions And Strategies

    When the U.S. Patent and Trademark Office (USPTO) adopted the America Invents Act (AIA) "first-to-file" system on March 16, the following scenarios became reality.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Virtual Patent Marking

    United States law has long held that marking a product with a patent number gives the public constructive notice of a patent. If a patented product is not marked with the patent number by the patent owner, damages for infringement will be limited to the period after the patent owner gives actual notice to an infringer.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Confirms Judicial Review On PTAB's CBM Institution

    On April 4, 2017, the United States Court of Appeals for the Federal Circuit ("CAFC") denied Google's petition for rehearing en banc. Unwired Planet, LLC v. Google Inc., ___ F.3d. ___, Case No. 2015-1812.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    IP: Did Vimeo Drift Outside The DMCA's Safe Harbor?

    Because Vimeo employees were aware of infringing content, a judge ruled the company could be held liable.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The Philips Standard Should Apply Upon Expiration Of A Patent During Reexamination

    The Federal Circuit held that the Board should have applied the Philips standard of claim construction when the patent at issue expired during reexamination.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    When Your Export Business Suddenly Becomes Substantial: Are Your Export Commodities Substantial Enough To Induce Infringement Under §271(F)(1) Of The Patent Act?

    35 U.S.C. § 271(f)(1) requires that an accused infringer supply "all or a substantial portion of the components of a patented invention" for combination outside the United States.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Upholds Claims To Isolated DNA Molecules (Again)

    On August 16, 2012, the Federal Circuit issued, after remand from the Supreme Court, its opinion in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 2010-1406, slip opinion (Fed. Cir. August 16, 2012) ("Myriad").
    United StatesFood, Drugs, Healthcare, Life Sciences
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Changes To Inventor's Oath Or Declaration

    The America Invents Act (AIA), passed in 2011, significantly changes who may file for patent applications and the inventor’s oath or declaration filed with an application.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Patent Term Extension Under 35 U.S.C. §156

    In the United States, patent term extension is available under the 1984 Drug Price Competition and Patent Restoration Act, also known as the Hatch-Waxman Act.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. Supreme Court Empowers District Courts To Award Attorneys Fees, Lowers The Burden Of Proof And Standard Of Review

    This morning, the U.S. Supreme Court changed the legal test for awarding attorney fees, issuing decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. Supreme Court Empowers District Courts To Award Attorneys Fees -Lowers The Burden Of Proof And Standard Of Review

    The Supreme Court changed the legal test for awarding attorney fees, in Octane Fitness v. ICON Health & Fitness and Highmark v. Allcare Health Management System.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. Supreme Court Empowers District Courts To Award Attorneys Fees - Lowers The Burden Of Proof And Standard Of Reviewv

    The Supreme Court changed the legal test for awarding attorney fees.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Changes To U.S. Patent Law Effective

    On September 16, 2012, the next wave of changes under the America Invents Act (AIA) took effect.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione

Showing 181–200 of 271 results

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