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Forum Shopping: How A Retailer’s Patent-Related Communications May Impact Jurisdiction

USA - May 27 2021 In a recent case, Trimble Inc. v. PerDiemCo LLC, No. 2019-2164 (May 12, 2021), the Federal Circuit found that, sometimes, threatening a patent…

Andrew D. Kasnevich, Daniel G. Shanley.

Your Color-Based Product Packaging Mark Might Be Protectable Trade Dress

USA - April 24 2020 Trade dress, which includes the total look of a product (size, shape, color) is registrable as a trademark if, like a trademark, it identifies the…

Aimee N. Soucie.

Copyright Clash to Receive Supreme Treatment

USA - December 3 2019 Is a software interface entitled to copyright protection? Does use of an existing software interface when creating a new computer program constitute…

Aimee N. Soucie.

Recent Changes at the PTAB Appear to Benefit Patent Owners

USA - December 23 2018 Since the America Invents Act created new post-grant review proceedings, such as inter partes reviews (IPRs), the Patent Trial and Appeal Board…

Clifford A. Ulrich, Michael S. Turner, Paul D. Ackerman.

Declaration Submitted during IPR from Inventor of Prior Art Confirmed its Inherent Disclosure to Invalidate Monsanto’s Patent Claims

USA - January 5 2018 Monsanto appealed a Final Written Decision by the PTAB finding claims of U.S. Patent No. 7,790,953 (the “’953 patent) invalid in view of prior art in…

Rose Cordero Prey.