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The Third Circuit defines “use” in the context of counterfeiting statute

McDermott Will & Emery
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USA
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September 28 2009

The United States Court of Appeals for the Third Circuit determined that "use" within the context of Section 2320(a) of the Trademark Laws does not require active employment of a counterfeit mark by displaying or offering an item displaying the mark for sale

License to “make” includes an inherent right to “have made”

McDermott Will & Emery
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USA
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June 30 2009

The U.S. Court of Appeals for the Federal Circuit recently held that a license to make a patented article includes an inherent right to have a third party make the article absent express language to the contrary

“Broadest reasonable construction” is not boundless

McDermott Will & Emery
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USA
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May 31 2010

The U.S. Court of Appeals for the Federal Circuit recently determined that the U.S. Patent and Trademark Office’s (USPTO’s) application of the broadest-construction rubric was unreasonable when it failed to consult the teachings of the specification

Reissue petition denied for merely adding dependent claim

McDermott Will & Emery
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USA
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January 30 2010

In a precedential opinion, the Board of Patent Appeals and Interferences (BPAI) held that 35 U.S.C. 251 does not permit reissue if only narrower claims were added as a “hedge” against invalidity of the original claims

Twenty-one day safe harbor applies to Rule 11- no matter what

McDermott Will & Emery
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USA
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August 31 2009

The U.S. Court of Appeals for the Federal Circuit confirmed that the service and filing of a motion for sanctions under Rule 11 must occur prior to final judgment or judicial rejection of the offending motion in order to prevail

Massachusetts attorney’s lien statute applies to patent prosecution costs

McDermott Will & Emery
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USA
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August 31 2009

The Supreme Judicial Court of Massachusetts determined, in a case of first impression, that Massachusetts’s attorney’s lien statute permits placing a lien on a patent (and any proceeds later derived from that patent) for legal fees earned while representing a client before the U.S. Patent and Trademark Office (USPTO

Two-way test for obviousness type double patenting narrowly applied

McDermott Will & Emery
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USA
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June 30 2009

The U.S. Court of Appeals for the Federal Circuit determined that the two-way test for obviousness-type double patenting is applicable when the claims could have been presented in an earlier application in the family

Retroactive terminal disclaimer not allowed and safe harbor applies to divisional of divisional

McDermott Will & Emery
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USA
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February 28 2010

The U.S. Court of Appeals for the Federal Circuit determined that a terminal disclaimer cannot be effective if it is filed after the expiration of the earlier patent