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Sunstein Kann Murphy & Timbers LLP Boston, MA Document Search Results (17)

 

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HTMLGoodbye OHIM, Hello EUIPO- -Changes to Trademark Law in Europe
Steven A. Abreu; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on April 2016
On March 23, 2016, the European Union’s trademark authority, known as the Office of Harmonization in the Internal Market (OHIM), changed its name to the European Union Intellectual Property Office (EUIPO). This change was just one of several made in an effort to modernize the trademark...

 

HTMLPatent Owners Beware: Preliminary Response in Inter Partes Review Takes On New Significance
Robert M. Asher, Emmanuel D. Filandrianos; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
Inter partes review (“IPR”) has become the forum of choice for challenging the validity of a patent. Introduced in 2012 as part of the America Invents Act, it is a relatively new proceeding in the U.S. Patent and Trademark Office conducted by a panel of judges from the Patent Trial and...

 

HTMLU.S. Supreme Court Eases Standards for Obtaining Enhanced Patent Damages for Willful Infringement
Alexandra Cavazos; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
The Patent Act permits a court to award damages to a successful plaintiff in an amount up to three times the actual damages suffered plus the plaintiff’s attorneys’ fees. These “enhanced damages” under Section 284 of the Act have been part of U.S. patent law since its...

 

HTMLHow Should the PTO Interpret Patent Claims? The Federal Circuit Weighs In, Yet Again
Bruce D. Sunstein; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on April 2016
The claims of a patent determine its power. Unlicensed activities that fall within the scope of a patent’s claims can be subject to royalties or an injunction, but when claims cover subject matter deemed to be within the prior art, the claims can be invalidated.

 

HTMLInter Partes Review - Heads I Win, Tails You Lose
Robert M. Asher; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on April 2016
Inter partes review is, plain and simple, a tool for killing patents. In light of rules implemented by the USPTO and judicial interpretations of the America Invents Act, it would be careless to refer to these proceedings as a litigation alternative. Litigation in courts offers opposing parties an...

 

HTMLThe Federal Circuit Helps Software Developers Overcome Patent-Eligibility Rejections under Alice
Bruce D. Sunstein; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
The Federal Circuit’s recent decision in Microsoft v. Enfish has given software developers a new tool—valuable at least sometimes—to resist Alice rejections of patent applications for computer-related inventions.

 

HTMLAssignor Estoppel May Apply to A Competitor That Never Owned (Or Assigned) the Patent
Dorothy Wu; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
When companies hire top talent away from competitors, they may very well also acquire patent exposure along with their new personnel through the doctrine of assignor estoppel. A recent decision in the Federal Circuit, MAG Aerospace Industries, Inc. v. B/E Aerospace, Inc., demonstrates how broadly...

 

HTMLInsurance Coverage for Data Breaches: A Pig in a Poke for Retail Establishments?
Thomas C. Carey; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
P.F. Chang’s China Bistro Inc., which operates over 200 restaurants in the United States, purchased a cyber insurance policy from Federal Insurance Company. Federal marketed the policy as “a flexible insurance solution designed by cyber risk experts to address the full breadth of risks...

 

HTMLFast-Forwarding Privacy: A Video Tape Rental Statute in the Digital Era
Thomas C. Carey; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
Contentious Supreme Court nominations began with that of Robert Bork, whose originalist views led him to proclaim that there is no constitutional right to privacy. Americans, he believed, have only such privacy rights as may be conferred by statute. Little did he imagine that his own personal...

 

HTMLFunctional Software’s Limited Copyright Coverage: Jury Finds Google’s Limited Use of Oracle’s Java™ Code Was Fair
David E. Blau; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
August 4, 2016, previously published on June 2016
In 2010, Oracle sued Google over its implementation of the Java platform in smartphones running its Android™ operating system (OS). The Java platform is used to write and run programs written in the Java programming language and includes, among other things, the Java Virtual Machine and the...

 


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