Despite the fact that virtual patent marking was introduced nearly a decade ago, jurisprudence addressing virtual marking issues has been...
Yesterday, in Arthrex, Inc. v. Smith & Nephew, Inc., No. 2018-2140 (Fed. Cir. Oct. 31, 2019), a three judge panel of the Federal Circuit determined that the appointment of Administrative Patent Judge...
On August 16, 2019, the Federal Circuit issued a 2-1 decision holding that a lower court erred by adjudicating patent eligibility without resolving the parties’ claim...
On August 20, 2019, U.S. District Court Judge Joseph F. Bataillon issued a judgment addressing the total amount of damages awardable to Olaplex LLC (“Olaplex”) after a contentious legal battle with French cosmetics giant L’Oréal USA, Inc. (“L’Oréal”) over the “holy grail” of hair products: a protective additive for chemical...
As of August 3, 2019, the U.S. Patent and Trademark Office (“USPTO”) now requires that all foreign-domiciled trademark applicants and registrants, as well as foreign-domiciled parties to Trademark Trial and Appeal Board (“TTAB”) proceedings, must be represented by an attorney who is...
The United States Court of Appeals for the Federal Circuit recently issued its decision in Automotive Body Parts Association (ABPA) v. Ford Global Technologies, LLC (2018-1613), affirming a district court’s summary...
The U.S. Supreme Court has struck down the Lanham Act’s ban on "scandalous" and "immoral" trademarks on the grounds that the provision violates the First Amendment...
On Monday, June 24, the U.S. Supreme Court agreed to hear Georgia v. Public.Resource.Org Inc., No. 18-1150, and to decide whether annotations that accompany state and local laws are copyrightable. In particular...