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…
Read Full Article
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….
Read Full Article
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…
Read Full ArticleBy 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…
Read Full Article
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…
Read Full ArticleBy: 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…
Read Full Article
By Joseph S. Heino On Monday, June 19, 2017, the United States Supreme Court issued a decision in the case of Matal vs. Tam in which it concluded that the government may not refuse to register a trademark that is potentially offensive to an individual or group of individuals. Just as the First Amendment protects…
Read Full Article
By Joseph S. Heino On Monday, May 22, 2017, the United States Supreme Court issued a decision in which it reined in the venues where an action for patent infringement against a corporate defendant can be brought – T.C. Heartland LLC v. Kraft Foods Group Brands LLC. Previously, and going back to 1990, a “special…
Read Full ArticleBy Joseph S. Heino While owning a franchise can be rewarding and profitable, many prospective franchisees overlook the fact that their new business venture comes equipped with a permanent supervisor – the franchisor. Thought you would be running your own show? Think again. Before you enter the world of franchising, it is best to conduct…
Read Full ArticleBy: Davis|Kuelthau’s Intellectual Property Team Google updated its Google Play Developer Policy Center policies on March 1, 2017, and the updates went into effect on March 15, 2017. These updates included requirements for developers to post privacy policies both on the Play Store listing and within the app. According to Google, app developers “must be…
Read Full Article
