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IP Intelligence: Insight on Intellectual Property Blog

Articles: 1-10 of 129

Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging

USA - October 12 2018 Trademark law recognizes that a color can be used to identify the source of products and therefore, enjoys protection under trademark law. Let’s test…

Additional Discovery of Clinical Trial Data in Inter Partes Review

USA - March 30 2018 In Apotex, Inc. et al. v. Novartis AG (IPR 2017-00854, paper 47 dated Feb. 5, 2018), petitioner Apotex sought, and was granted, discovery of a Phase…

Additional Discovery of Clinical Trial Data in Inter Partes Review

USA - March 30 2018 In Apotex, Inc. et al. v. Novartis AG (IPR 2017-00854, paper 47 dated Feb. 5, 2018), petitioner Apotex sought, and was granted, discovery of a Phase…

Core Wireless: Moving Beyond Eligibility as the Exception to the Exception?

USA - February 8 2018 January was an exciting month for patent professionals still attempting to make sense of the fallout from the Supreme Court’s 2014 Alice Corp. v. CLS…

Finjan v. Blue Coat Systems: Attaching Security Profile to a Downloadable Is Patent Eligible

USA - January 16 2018 In Finjan v. Blue Coat Systems, the Court of Appeals for the Federal Circuit rendered a decision containing interesting rulings on patentable subject…

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

USA - January 9 2018 On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section…

Patent Portfolio Management - a Team Approach to Patent Drafting

USA - January 8 2018 On my drive to work, there was a trash bag on the freeway, then a box, and later a couple of bags flying around. I wondered where this garbage came…

Federal Circuit Provides Guidance on Joint Infringement Standard

USA - December 27 2017 In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017),[1] the Federal Circuit clarified the scope of joint infringement under…

Federal Circuit Splits on Approach to Analyzing Graham Factors

USA - November 6 2017 In Merck Sharp & Dohme Corp. v. Hospira, Inc.,[1] the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S…

Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement

USA - September 21 2017 On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in…