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HTMLClaim indefiniteness in Canada: an Overview for U.S. Practitioners
Christopher J. Thompson; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
December 18, 2014, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update
This summer, the U.S. Supreme Court issued an important ruling in Nautilus Inc v Biosig Instruments Inc, 134 S. Ct. 2120, 110 U.S.P.Q.2d 1688 (2014) (“Nautilus”), restating the appropriate test for assessing whether a claim is indefinite. In light of this recent change in U.S. law, it...

 

HTMLFirst PTAB Decisions in Derivation Proceedings
Michael J. Bruner, Erin C. Dickerman, Thomas E. Friebel; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
The America Invents Act ("AIA") eliminated interference proceedings for applications having a claim with an effective filing date on or after March 16, 2013, and created derivation proceedings for those applications.

 

HTMLEnforcement of Covenants Not to Compete in Pennsylvania When the Employer Terminates the Employment Relationship
Jeffrey J. Bresch, Rebekah Byers Kcehowski, Katelyn M. Matscherz; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
Will Pennsylvania courts enforce a restrictive covenant against a terminated employee? In short, assuming the termination is not wrongful, Pennsylvania courts may enforce the restrictive covenant notwithstanding the employee's termination under certain circumstances. Insulation Corp. of Am. v....

 

HTMLThe UK Court of Appeal Orders a Retrial in Landmark Keyword Advertising Case
Indradeep Bhattacharya, Alastair J. McCulloch; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The UK Court of Appeal ("CA") has unanimously overturned the first instance finding of infringement in Interflora v Marks & Spencer and has ordered a retrial. The CA's decision to order a retrial is unusual, although it is most likely a function of the unique circumstances surrounding...

 

HTMLSo, You Have a Registered Trademark...Now What?
Sheila E. Eddy; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
December 16, 2014, previously published on October 09, 2014
Congratulations, you have successfully registered your trademark with the United States Patent and Trademark Office (USPTO) on the Principal Register!

 

HTMLCanadian Combating Counterfeit Products Act Passed into Law
Brian P. Isaac; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
December 15, 2014, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update
Bill C-8, the Combating Counterfeit Products Act passed third reading and received Royal Assent on December 9, 2014. The bill will come into force on a day or days to be fixed by order of the governor-in-council. The bill, viewed by many as being overdue, adds new prohibitions and offences intended...

 

Adobe PDFThree Rounds to Knock Out Ultramercial’s Patent on “Advertising as Currency”
Shawn P. Gorman, Aseet Patel; Banner & Witcoff, Ltd.;
Legal Alert/Article
December 12, 2014, previously published on November 21, 2014
After sparring three separate rounds at the Court of Appeals for the Federal Circuit, in a panel opinion authored by Judge Lourie, the Federal Circuit affirmed the district court’s grant of Defendant WildTangent’s pre-answer Fed. R. Civ. P. 12(b)(6) motion to dismiss the suit for...

 

HTMLChina Court Ruled Infringement for Ambush Marketing in Film Industry
Meng Yan; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 12, 2014, previously published on November 20, 2014
The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a particular event without paying any sponsorship/license fee. As...

 

HTMLDroit de Suite: California Resale Royalty Revisited
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 5, 2014
The artist resale royalty right, what in Europe is often called the droit de suite, is a form of intellectual property right that allows primarily visual artists (who produce work in single objects or limited editions) with a right to receive a percentage of the purchase price when their works are...

 

HTMLFederal Circuit Reverses District Court and Grants Motion to Stay in view of CBM Institution
John M. Bird; Sughrue Mion, PLLC;
Legal Alert/Article
December 10, 2014, previously published on November 24, 2014
In Verstata Software, Inc. v. Callidus Software, Inc., 2014-4682 (November 20, 2014), the Court of Appeals for the Federal Circuit reversed the District of Delaware’s denial of a motion to stay the district court case during a transitional Covered Business Method (CBM) Review. The decision...

 


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