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Alert - March 05, 2019
On March 4, 2019, the Supreme Court issued a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street​.com, No. 17-571, 585 U.S. __ (2019), holding that a copyright owner cannot file an infringement lawsuit until the Copyright Office ...
Alert - March 04, 2019
On March 4, 2019, the U.S. Supreme Court determined that cost awards in copyright cases are limited to the six categories of recoverable costs identified in the general cost statute, codified at 28 U.S.C. §§1821 and 1920. Accordingly, the ...
Alert - February 21, 2019
The Trademark Trial and Appeal Board (“TTAB”) recently issued a precedential decision about the use of hashtag trademarks in In re: DePorter, Serial No. 87/229,711 (TTAB Jan. 29, 2019). Many companies use hashtags in their marketing, and ...
Alert - February 08, 2019
On January 31, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a decision in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331, Paper 9 (PTAB January 31, 2019), holding that only a patent owner’s ...
Alert - January 10, 2019

The U.S. Supreme Court has agreed to hear a case that will likely determine whether the United States Patent and Trademark Office’s ban on "scandalous" and “immoral” trademarks violates the First...

Alert - January 03, 2019

In Vivint, Inc. v. Alarm.com, Inc., the Federal Circuit reversed a claim construction by the PTAB which “suggest[ed] the opposite” of the teachings of the patents at issue, and gave guidance to practitioners on when the Board’s reliance on expert testimony entitles the Board’s construction to deference... 

Alert - December 11, 2018

The Patent Trial and Appeal Board (“Board”) has convened a Precedential Opinion Panel (“POP”) for review of an “exceptional issue,” accepting a recent petitioner's request for rehearing of a decision denying a motion for joinder and inter partes review (IPR) petition...

Alert - November 20, 2018

On November 9, 2018, the United States Court of Appeals for the Federal Circuit considered whether the doctrine of assignor estoppel should apply in the context of an inter partes review...

Alert - November 16, 2018

A year has passed since the United States Patent and Trademark Office (“USPTO”) implemented its Post-Registration Proof of Use Audit Program (“Use Audit Program”). The Use Audit Program empowers the USPTO to require...