Federal Circuit Guidance on Trademark Webpage Specimens

May, 7th, 2019

By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]

Stop Infringers At The Border

April, 18th, 2019

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

Federal Circuit Restates Fees are not “a Penalty for Failure to Win a Patent Infringement Suit.”

February, 12th, 2019

By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]

Trademark Registration: An Essential Step to Protecting Your Business

December, 21st, 2018

By Walter B. Welsh In today’s internet-based economy, achieving and maintaining brand exclusivity is critical to driving customer traffic to your business. A recent analysis of consumer products sold through e-commerce sites shows 75% of [Read More…]

BU v. Everlight: A Lesson in Enablement

October, 2nd, 2018

By Georgi Korobanov Recently the Court of Appeals for the Federal Circuit reversed a lower court’s denial of a motion for judgment as a matter of law that challenged the validity of asserted U.S. Patent [Read More…]

Patent Venue’s “Home Sweet Home” Jurisprudence

September, 11th, 2018

By Christopher Stankus Most corporations know by now that in May 2017, the Supreme Court drastically changed venue law for patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. It is not [Read More…]

PTAB Takes Mulligan in “Golf Cart” IPR

July, 17th, 2018

By Benjamin N. Luehrs and Hao Zhang Inter Partes Review (IPR) is an effective procedure for invalidating a competitor’s patent whereby a petitioner cites other patents and printed publications (i.e., “prior art”) to argue that [Read More…]

Outcome-Secured Litigation Financing: Offsetting Your Costs

June, 19th, 2018

By Christopher J. Stankus & Michael J. Harris Is a competitor infringing your patent, but you can’t afford the legal fees to pursue your claim? Or would you rather invest capital to grow your business instead of paying [Read More…]

Tracking The Impact of Pre-Institution New Testimony Evidence

October, 25th, 2016

By Michael A. Lavine At the PTAB, new testimony evidence (NTE) is evidence that was prepared specifically for the purposes of the IPR, CBM, or PGR proceeding at issue, and it often includes declarations from [Read More…]

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