IP & Technology Law Trends
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TTAB Proceedings Remain Effective Enforcement Tool Following B&B Hardware v. Hargis
Much has been written regarding the recent US Supreme Court decision in B&B Hardware v. Hargis. For a detailed background and analysis of the opinion, check out the SCOTUS blog summary. In short, the Court held that a US Trademark Trial and Appea...
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To Tack or Not To Tack, that is the (Trademark) Question
A month ago, the U.S. Supreme Court came down with its first pure trademark matter opinion in many years (false advertising cases are in a separate category for the purposes of this article). The trademark bar was all a twitter—literally (tweeting th...
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U.S. Patent Office Extends Program that Allows Start-Ups a Way to Defer Costs
The US Patent and Trademark Office has continued the Extended Missing Parts Pilot Program which gives US utility and plant patent applicants additional time to avoid paying large filing fees. The USPTO implemented the program in December 2010 and has...
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Latest Football Video Game Decision Prompts Concerns Over Constitutional Analysis in Right of Publicity Cases
The Ninth Circuit Court of Appeals recently handed down the latest in a string of opinions in the continuing battle of former athletes—both professional and amateur—against video game creators whose games depict athletes’ names, images, or personally...
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The Long Wait is Over: Review Standard on Appeal For Claim Construction is Now Clear Error
Today the U.S. Supreme Court handed down a significant decision impacting the appellate review of claim construction in patent infringement. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Court held that when reviewing a district co...
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