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Licensee's breach of agreement provides licensor with ability to sue licensee for infringement
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 2 2015

While settlement agreements are often intended to fully and finally resolve disputes between the parties, a failure to comply with the terms of a


Board affirms refusal to register HUGHES FURNITURE; declines to consider evidence regarding marketplace use
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • April 20 2015

Just two days after the Supreme Court's decision in B&B Hardware v. Hargis Industries, Inc. was released, the TTAB refused to consider marketplace


Federal Circuit affirms TTAB decision refusing registration of THE SLANTS mark on disparagement grounds
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • April 21 2015

On April 20, 2015, the Federal Circuit affirmed the TTAB's section 2(a) refusal to register the mark THE SLANTS. Applicant Simon Shiao Tam is the


Selling a product preprogrammed to perform a patented method cannot, by itself, constitute direct infringement
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 3 2015

A Patented method is directly infringed only when the method is performed. Granting summary judgment of no direct infringement, a California court


Patent-infringement litigation may be stayed until patent-office review is completed even if the review does not address all patents, claims, or invalidity defenses at issue in the litigation
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • January 27 2015

The America Invents Act's patent-review proceedings, such as Covered Business Method (CBM) review, are an increasingly used litigation strategy to


A settlement agreement may be enforceable even when executed after the signing deadline
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • May 19 2015

A plaintiff executed a settlement agreement received from the defendants, but later asserted that its acceptance of the agreement was contingent upon


Licensee may challenge patent validity and infringement in royalty dispute when royalties are tied to the practice of the licensed patents
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • May 26 2015

A California court recently denied a licensor's motion to dismiss the licensee's counterclaims for patent invalidity and noninfringement. The parties


On remand, Southern District of New York grants summary judgment for defendant Oprah in ‘OWN YOUR POWER’ dispute
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • March 17 2015

In the long-running dispute between the owner of a small motivational services business and Oprah Winfrey and her various companies, the Southern


Diligence Required for Antedating Prior Art Is Reasonably Continuous DiligenceNot Continuous Exercise of Reasonable Diligence
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • November 29 2016

In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., No. 15-2043 (Fed. Cir. Nov. 15, 2016), the Federal Circuit found the diligence


A retroactive agreement cannot revive a licensee's lawsuit that failed to join the patent owner
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 23 2015

In patent-infringement litigation, a licensee will only have standing to sue without joining the patent owner if it is an exclusive licensee and it