Intellectual Property Publications

Joe Heino, Sherry Coley and Erin Kaprelian Author Chapter in 2019 Chambers Global Practice Guide on Trade Marks USA: Trends and Developments

March 14, 2019

Davis|Kuelthau IP attorneys contributed to the 3rd edition of Trade Marks USA: Trends and Developments 2019, published by Chambers Global Practice Guide. This guide is published within various areas of law and jurisdictions where a selection of legal experts, chosen by Chambers, elaborates on important legal issues in relation to the current market trends and…

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A Unanimous Supreme Court Decides — If Your Copyright Registration Application is Still Pending, You Cannot Sue for Infringement

March 5, 2019

By: Joseph S. Heino and Erin Kaprelian Yesterday, the United States Supreme Court brought U.S. copyright law in line with U.S. patent law and U.S. trademark law. Specifically, the Court held that, in order to sue for copyright infringement, the copyright owner now needs to have his or her Federal Copyright Registration in hand before…

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When Trademark Rights and Bankruptcy Collide

February 19, 2019

By: Sherry D. Coley and Tiffany E. Woelfel Toys “R” Us, Payless, The Limited, Bloomingdale’s, Sears, Shopko. Almost every month brings news of another large company declaring bankruptcy. But what happens to you if you are currently a business partner to a company that declares bankruptcy? How are your rights affected? This article will address…

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Secret Sales Still “On Sale” For Patent Purposes

January 25, 2019

By: Erin E. Kaprelian and Joseph S. Heino On January 22, 2019, the U.S. Supreme Court handed down its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals Inc. The Helsinn case asked whether a sale of an invention to a third party, where the third party is required to keep the invention confidential, places the invention “on…

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More Pitfalls for the Unaware Patent Litigator – Early and Clear Notice of Patent Invalidity Needed in Order to Obtain Attorney’s Fees

August 8, 2018

By: Davis|Kuelthau’s Intellectual Property Team Hot on the heels of the Court of Appeals for the Federal Circuit (CAFC) ruling that patent trial discovery conduct can result in the invalidating an otherwise valid patent (Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)), the CAFC held on June 11, 2018 that a failure of one…

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Supreme Court Holds Lost Foreign Profits Can Be Included in Damages Calculation

July 2, 2018

On June 22, 2018, the Supreme Court issued its ruling in WesternGeco LLC v. ION Geophysical Corp. This case centered around the question of whether, under the damages provisions of the Patent Act, a patent owner can recover for lost foreign profits when components of a patented invention are shipped overseas for assembly and use….

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10 Millionth U.S. Patent Milestone Illustrates Increasing Competition in Innovation

June 20, 2018

The United States Patent and Trademark Office (“USPTO”) experienced a historic moment yesterday – its 10 millionth patent was issued to Raytheon Co, a major U.S. defense contractor. While it is clear from this landmark moment that there has been an explosion of activity regarding patent application filings in the United States, what does that…

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Potential for Clarity on the Horizon as to What is Patentable—USPTO Seeks to Improve Guidance for Innovators

May 25, 2018

By Erin E. Kaprelian The newly-appointed United States Patent and Trademark Office (USPTO) Director Andrei Iancu testified before the House Judiciary Committee as part of an Oversight Hearing on May 22. As part of his testimony, Iancu discussed Section 101, which addresses what subject matter is patentable and what is not. “In some areas of…

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Another Federal Decision Broadens Trademark Protection

March 23, 2018

By Ryan M. Wiesner The courts have been busy lately reviewing federal trademark law. Understanding new decisions and recent trends is important for every growing business, since company brands, logos, and slogans are oftentimes its most valuable assets. Recent federal cases have broadened the types of trademarks that can be protected under federal law, giving…

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Raising an Ensnarement Defense Defeats the Doctrine of Equivalents

February 1, 2018

By: Davis|Kuelthau’s Intellectual Property Team Is the Doctrine of Equivalents (DOE) dead, once again? Effectively, yes. All an alleged infringer needs to do is raise an ensnarement defense (a claim that a DOE enlarged hypothetical claim reads on the prior art), and then show that the equivalent element was known in the prior art. Most…

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