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Results: 1-10 of 11,487

Colour it Mine: Protecting Colour Trademarks in Canada
  • Smart & Biggar/Fetherstonhaugh
  • Canada, European Union
  • April 20 2018

Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association


Indirectly Related Patents Get Same Claim Construction Through Collateral Estoppel
  • Sterne Kessler Goldstein & Fox PLLC
  • USA
  • April 19 2018

The Federal Circuit recently held in Nestlé II that it, and by implication the PTAB, should not relitigate claim construction even for


The Federal Circuit Addresses Patent Eligibility of Methods of Treatment For First Time Post-Mayo
  • K&L Gates
  • USA
  • April 18 2018

On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals affirmed a district court decision regarding patent


Oracle wins in US copyright case: consequences for EU software market?
  • Stibbe
  • USA
  • April 18 2018

The US Court of Appeals for the Federal Circuit recently ruled in a dispute between technology giants Google and Oracle that commenced in 2010


Did Congress Create a New Form of Infringement Without Providing Full Compensation?
  • Banner & Witcoff Ltd
  • USA
  • April 18 2018

The Supreme Court heard oral arguments April 16, 2018, in WesternGeco LLC v. ION Geophysical Corporation (No. 16-1011), another of a series of patent


Shoulda, Coulda, WouldaA Combination is Not Obvious Simply Because it Could Have Been Made
  • Workman Nydegger
  • USA
  • April 17 2018

At one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed combination is obvious because a


Apator Miitors Aps v. Kamstrup AS
  • Knobbe Martens
  • USA
  • April 17 2018

A party seeking to swear behind prior art using an inventor’s testimony must proffer corroborating evidence that does not depend solely on the


How Creative is One of Ordinary Skill - DSS Tech. Mgmt. v. Apple Inc.
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • April 16 2018

In an attempt to challenge the patentability of an issued claim, petitioners every so often come across a prior art reference that discloses all the


Federal Circuit Speaks on Patent Eligibility of Method-of-Treatment Claims: Key Takeaways from the Vanda v. West-Ward Decision
  • Paul Hastings LLP
  • USA
  • April 16 2018

On April 13, 2018, the Federal Circuit held that a Hatch-Waxman plaintiff’s patent claims concerning methods of treating schizophrenia were not


Vanda Pharmaceuticals Inc. V West-Ward Pharmaceuticals International Limited
  • Knobbe Martens
  • USA
  • April 16 2018

When another patent for a drug issues after an ANDA is filed, there can still be jurisdiction for an infringement lawsuit and a finding of infringement of that patent even when the ANDA is not amended until after the lawsuit is filed