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Parody prevails: Louis Vuitton v Chewy Vuiton

McDermott Will & Emery
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USA
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December 28 2007

Affirming the district court decision, the U.S. Court of Appeals for the Fourth Circuit upheld judgments that Haute Diggity Dog’s “Chewy Vuiton” products neither infringe Louis Vuitton Malletier’s (LVM) copyrights nor infringe or dilute LVM’s trademarks or trade dress

Teachings incorporated by reference for anticipation purposes need not be individually named

McDermott Will & Emery
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USA
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September 28 2009

Finding that material not explicitly contained in the single, prior art document may still be considered for purposes of anticipation if incorporated by reference into the document, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district court’s summary judgment that patents were not invalid for anticipation

The top five intellectual property traps in M&A transactions

McDermott Will & Emery
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USA
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August 31 2010

In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties

Fifth Circuit flushes away pro se plaintiff’s claims against oil giants for intellectual property theft and infringement of a “giant plunger"

McDermott Will & Emery
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USA
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April 30 2013

Addressing allegations by a pro se plaintiff that oil industry giants stole and infringed her various intellectual property rights related to a “giant

A dismissal for lack of standing should generally be without prejudice

McDermott Will & Emery
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USA
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July 27 2009

Addressing yet another standing dispute, the U.S. Court of Appeals for the Federal Circuit overturned a dismissal for lack of standing with prejudice, noting the general rule that a dismissal on that basis should ordinarily be without prejudice

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

Bilski-based rejections of computer-implemented claims continue to be issued by board of appeals

McDermott Will & Emery
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USA
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January 30 2010

In a decision applying the Bilski "machine-or-transformation test" (see IP Update, Vol. 11, No. 11), the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (the Board) continued its practice of invalidating computer implemented method claims under 101

Patent unobvious if examiner fails to articulate factual basis for rejection

McDermott Will & Emery
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USA
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August 31 2009

The U.S. Patent and Trademark Office Board of Patent Appeals and Interferences (Board) recently reversed a final rejection in the reexamination of Competitive Technologies, Inc’s. U.S. Patent No. 4,940,658, for which the U.S. Supreme Court previously granted and subsequently dismissed certiorari over a spirited dissent by Justice Breyer

Post-MedImmune “convenience factors” take on added significance in forum determination

McDermott Will & Emery
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USA
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March 27 2008

Overturning a district court decision dismissing a declaratory judgment patent suit for lack of subject matter jurisdiction, the U.S. Court of Appeals for the Federal Circuit applied the “all-the-circumstances” standard declared by the Supreme Court in MedImmune to replace the more rigorous “reasonable apprehension of suit” standard for determination of an Article III case and controversy

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Search results

Parody prevails: Louis Vuitton v Chewy Vuiton

Teachings incorporated by reference for anticipation purposes need not be individually named

The top five intellectual property traps in M&A transactions

Fifth Circuit flushes away pro se plaintiff’s claims against oil giants for intellectual property theft and infringement of a “giant plunger"

A dismissal for lack of standing should generally be without prejudice

Massachusetts attorney’s lien statute applies to patent prosecution costs

Two-way test for obviousness type double patenting narrowly applied

Bilski-based rejections of computer-implemented claims continue to be issued by board of appeals

Patent unobvious if examiner fails to articulate factual basis for rejection

Post-MedImmune “convenience factors” take on added significance in forum determination

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