Features
The ITC Is Dead, Long Live the ITC
In the last decade, the ITC has been an increasingly popular forum for litigating IP rights, largely because it offers a quick and forceful remedy in the form of an exclusion order, which can exclude infringing products from the U.S. market. In recent months, several important decisions have caused some to question the continuing vitality of the ITC as forum.
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IP News
Federal Circuit: Only Patent Owner May Appeal a PTAB Reexamination Decision <br>Federal Circuit: Clones Not Patentable Subject Matter<br>Federal Circuit: PTO's Decision Not to Initiate <i>Inter Partes</i> Review Is Not Appealable
Ninth Circuit Issues Controversial Copyright Decision
The Ninth Circuit recently issued an opinion in the case of <i>Garcia v. Google</i>, arising out of an actress' performance in a highly controversial film entitled <i> The Innocence of Muslims</i>.
IP News
Federal Circuit Focuses on Burdens Of Proof in Travatan Z' Case <br>History of Patent Litigation May Establish Justiciable Controversy<br>Federal Circuit Holds a Reexamined Patent is 'Same Patent' as Original For Claim Preclusion
Features
Supreme Court Rules on Standing In False Advertising Cases
Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.
Seeking Quick Relief for Trademark Claims on Social Media Sites
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. In the infringement context, trademark maintenance has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Features
Crafting the Effective Trademark Cease-and-Desist Letter
The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.
IP News
Federal Circuit: 'Universal Acceptance' of a Principal Does Not Overcome Language of Claims and Specification<br>Federal Circuit: Routine Mental Steps Carried Out By Computer Outside the Scope of Section 101 <br>Federal Circuit Retains De Novo Review of Claim Construction
Features
Sup. Ct. Rules Burden of Proof Remains with Patent Owner
The Supreme Court began 2014 by reversing the Court of Appeals for the Federal Circuit's decision in <i>Medtronic, Inc. v. Mirowski Family Ventures, LLC,</i> holding that the burden of proof on infringement remains with the patent owner even when a licensee files a declaratory judgment suit seeking a judgment of no infringement.
Features
Ninth Circuit Upholds WA State Publicity Rights Amendment
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
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