Intellectual Property

When Trademark Rights and Bankruptcy Collide

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

Secret Sales Still “On Sale” For Patent Purposes

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 sale” under...

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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

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 party to...

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

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

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. Justice Thomas,...

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

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

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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Another Federal Decision Broadens Trademark Protection

Another Federal Decision Broadens Trademark Protection

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...

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Raising an Ensnarement Defense Defeats the Doctrine of Equivalents

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 equivalent...

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Supreme Court Limits Venues in Patent Suits

Supreme Court Limits Venues in Patent Suits

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 purpose” venue statute applicable...

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