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IP Intelligence: Insight on Intellectual Property Blog

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Trademark Infringement and Jury Trials in Federal Courts

USA - April 6 2021 When plaintiffs assert trademark infringement and related actions under the Lanham Act (or state law counterparts), more often than not the complaint…

The US Supreme Court Decides Oracle v. Google—The More Things Change, the More They Stay the Same

USA - April 5 2021 The U.S. Supreme Court issued a remarkable opinion in the long-running dispute between Oracle America and Google over Google’s copying of Oracle’s…

Can a Plaintiff in the United States Recover Foreign Patent Damages?

USA - April 5 2021 In 2018, the U.S. Supreme Court held that a plaintiff was entitled to lost foreign profits under 35 U.S.C. § 284 based on direct acts of infringement…

Financial Firms Launch New Crypto Products, NFTs Trending, Crypto Exchange Acquires Broker-Dealer, SEC, DOJ, IRS and CFTC Actions Target Crypto Actors

USA - April 2 2021 A major U.S. financial services corporation announced this week that it would begin to settle transactions over the Ethereum Network in USD Coin…

Insight on Intellectual Property

USA - March 24 2021 2020 was a year of turmoil and unexpected events. While many businesses struggled throughout the year, patent litigation experienced an uptick across…

Answering Intellectual Property Questions From IP-Inexperienced Businesspersons

USA - March 23 2021 I recently reached out to a few clients, friends and former colleagues — all of whom are “IP-inexperienced” — to ask them what intellectual property…

Blacklist Complaints: A Novel Tool Against Bad-Faith Trademark Applicants in China

China - March 18 2021 Bad-faith trademark filings can pose a painful obstacle to brand owners’ attempts to register and enforce trademark rights in China. Traditionally…

For a Few Facts More

USA - March 16 2021 After TC Heartland tightened up patent venue, Judge Albright’s local Patent Rules drew plaintiffs wanting a quick courtroom shootout. According to…

Use of Infringement Disclaimer to Preserve Favorable PTAB Decision

USA - March 4 2021 In a recent precedential opinion, ABS Global Inc. v. Cytonome/ST, LLC, 984 F.3d 1017 (Fed. Cir. 2021), the Federal Circuit held that the disclaimer…

Looking for Clarification on Means-Plus-Function Claiming? Here Are 4 Things You Should Know

USA - March 3 2021 In Rain Computing, Inc. v. Samsung Elecs. Co., No. 2020-1646 (Fed. Cir. Mar. 2, 2021), the Federal Circuit reversed a judgment of non-invalidity and…