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  • Article

    Fighting To Win? It Takes More Than Energy

    Innovation Ventures LLC has maintained an energetic growth rate for sales and revenues on the strength of its category-buster energy booster product.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    New York Representatives Ask Director Lee To Investigate IPRs Filed By Hedge Funds And Other Non-Practicing Third Party Petitioners

    As of January 2017, the Coalition for Affordable Drugs, a company formed by a hedge fund manager and the founder of a patent monetization entity, has filed forty petitions for inter partes review.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Sour Smell In The Kingdom Of Sweet Adventures

    Too much sweetness can be cloying, and there's nothing like a copyright suit to bring a little sourness to the table.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The Post-Alice Pendulum Swings Backs As The Federal Circuit Finds A Database Invention To Be Patent Eligible

    The Federal Circuit ruled that a patent claim relating to a means for configuring a computer memory for improved data storage and retrieval according to a specific logical model was not directed to an abstract idea.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. Supreme Court To Review The Judicial Doctrine Of Patent Exhaustion

    The Supreme Court's opinion will address these two points and could impact long-standing precedent.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Hard Case To Crack? Not This Time

    "Flip for the lip"? Sure. But try to take a bite out of this trademark, and you may get a shock.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Supreme Court Reverses Federal Circuit On Indefiniteness And Divided Infringement In Nautilus And Limelight

    In two opinions issued on June 2, 2014, the Supreme Court rejected the Federal Circuit's claim definiteness and indirect infringement tests, and reversed the Federal Circuit's holding in each case.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    U.S. International Trade Commission Amends Procedural Rules To Limit Discovery, Increase Transparency And Streamline Investigations

    On April 19, 2013, the U.S. International Trade Commission (ITC) published Final Rules of Practice and Procedure (78 Fed. Reg. 23474-487).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Give Me A ©!: U.S. Supreme Court Set To Determine The Proper Test For The Separability Of Design Features From Useful Articles Under §101 Of The Copyright Act

    Star Athletica and Varsity Brands each manufacture and sell cheerleading uniforms and warmup suits.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Four Years? Capture Your Competitive Advantage Now! - Obtaining A Patent Using USPTO's Prioritized Examination Process

    Resource scarcity, high commodity prices, challenging environments, and regulations all drive R&D in the oil and gas industry.
    United StatesEnergy and Natural Resources
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    En Banc Federal Circuit Reverses Panel Decision In Apple v. Samsung Battle

    On October 7, 2016, the en banc Federal Circuit reversed a panel decision issued earlier this year and reinstated the district court's decision on multiple issues in Apple Inc. v. Samsung Elecs. Co., Appeal No. 2015-1171 (Fed. Cir. Oct. 7, 2016).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Hears Arguments In Hatch-Waxman Personal Jurisdiction Challenge: Mylan Argues Brands Should Sue Them In West Virginia

    On Monday January 4, the Federal Circuit heard oral arguments in a pair of appeals—Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc. and AstraZeneca AB v. Mylan Pharmaceuticals Inc.—that may potentially clarify how personal jurisdiction in litigation under the Hatch-Waxman Act is impacted by the Supreme Court's recent decision in Daimler AG v. Bauman.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Court Of Australia Declined To follow U.S. Supreme Court In Myriad

    In September 2014, the Federal Court of Australia considered the patentability of isolated nucleic acid sequences (DNA or RNA).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Further Clarity For the On-Sale Bar

    The Federal Circuit, in an en banc decision, held that to be "on sale" under pre-AIA § 102(b), a product must be the subject of a commercial sale or offer for sale.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    IP: Hop, Skip And Jump Those Ads

    Dish's fight with broadcast networks could help determine the future of TV advertising.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Patent Litigation Reform Bill Passes In The House Of Representatives

    On December 5, 2013, the U.S. House of Representatives passed H.R. 3309, a bill entitled the Innovation Act. This bill has wide-sweeping provisions that, if enacted into law by passage of a similar bill pending in the Senate and with approval of the President, will profoundly alter the manner in which patent infringement actions are litigated.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    SCOTUS Determines That Decorations on Cheerleading Uniforms Are Conceptually Separable From Uniforms And Eligible For Copyright Protection

    On March 22, 2017, the Supreme Court of the United States issued a 6-2 ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al., holding the decorative elements on Varsity Brands' cheerleading...
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    New Opposition Proceeding In Japan

    The post-grant opposition proceeding was abolished in 2003 because it failed to demonstrate its utility over the invalidation trial, which is similar to the inter partes reexamination in the US.
    JapanIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Managing Patent Portfolios And Drafting Applications To Withstand IPR Challenges

    Since implementation of the Leahy-Smith America Invents Act, inter partes review ("IPR") and other post-grant proceedings have been used successfully to challenge and invalidate thousands of patent claims.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The FTC Endorsement Connection To Pinterest

    Pinterest is one of the fastest-growing websites of all time.
    United StatesMedia, Telecoms, IT, Entertainment
    Brinks Gilson & Lione
    Brinks Gilson & Lione

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