Trademark owners once raced to protect their brands by registering .com domain names on the World Wide Web (Web2). It is with a sense of déjà vu that trademark owners are now facing a new threat of cybersquatting...

The USPTO published revised examination guidelines for determining subject matter eligibility under 35 U.S.C. § 101 in an effort to improve clarity, consistency, and predictability.

The Supreme Court in WesternGeco LLC v. Ion Geophysical Corp. held that patent owners can include lost foreign profits in their recovery of lost profits for United States patent infringement in the case before it.

Enactment of the Leahy-Smith America Invents Act (AIA) did not change the meaning of the on-sale bar under 35 U.S.C. § 102.

Trade Dress Revival Could Lead to Exclusion Order Under Section 337

Recently, the Court of Appeals for the Federal Circuit (CAFC) in the Myriad case (The Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, Myriad Genetics, Inc. and Lorris Betz, et al., (No. 2010-1406 (Fed. Cir. July 29, 2011)) held that isolated DNA was patentable subject matter, overturning a highly controversial lower court decision ruling that claims directed to isolated DNA were unpatentable.