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HTMLCourt Holds Appeal of Opposition of Withdrawn Trademark Application is Moot
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
July 31, 2015, previously published on July 21, 2015
Engineers Canada appealed from a Trademarks Opposition Board (TMOB) decision refusing its opposition to the mark POLARTEC ECO-ENGINEERING DESIGN (the Mark). The Federal Court held that the appeal was moot, and declined to exercise its discretion to hear it.

 

HTMLDamages Portion of Trial Determined
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
July 31, 2015, previously published on July 21, 2015
This decision relates to the remedy portion of an infringement action in which the Plaintiffs were successful. That decision was upheld on appeal. The Plaintiffs elected an accounting of the Defendants’ profits.

 

Adobe PDFUSPTO Announces Expedited Patent Appeal Pilot Program
Paul M. Rivard; Banner & Witcoff, Ltd.;
Legal Alert/Article
July 30, 2015, previously published on June 16, 2015
Yesterday, the United States Patent and Trademark Office announced the “Expedited Patent Appeal Pilot” to provide a temporary basis for an applicant to have an ex parte appeal to the Patent Trial and Appeal Board accorded special status (advanced out of turn). To take advantage of the...

 

HTMLFTC Takes Its First Action Against Crowdfunding Site
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 30, 2015, previously published on July 17, 2015
As the Federal Trade Commission (FTC) targets more FinTech (new and emerging financial technology) under the banner of protecting consumers from deceptive trade practices, the Commission finally turned its attention to the growing movement of “crowdfunding,” the practice of funding a...

 

HTMLWriting on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND
Sandra J. Badin, Robert J. Moore, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 30, 2015, previously published on July 17, 2015
Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613...

 

HTMLPatent Troll Bill Stalls
McDonald Hopkins LLC;
Legal Alert/Article
July 29, 2015, previously published on July 17, 2015
The Innovation Act, which aims to stop “patent trolling,” once seemed like it was on a path to the president’s desk, now faces an uncertain future after a sudden burst of bipartisan opposition to the bill.

 

HTMLMayo on the Side?
Graeme Boocock; Borden Ladner Gervais LLP;
Legal Alert/Article
July 29, 2015, previously published on July 15, 2015
On June 29, 2015, the Canadian Intellectual Property Office (CIPO) issued a long-awaited Practice Notice PN 2015-02 (“Notice”) on the subject of medical diagnostic methods.

 

HTMLEPO: Minor Text Changes to Patent Application Need Not Slow Grant Process
Olga Bezzubova, Diana C. Leguizamon-Morales; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
The European Patent Office's ("EPO") quest to increase procedural efficiency has led to a revision of the final steps in the patent grant procedure. Now that a communication under Rule 71(3) EPC¿Intention to Grant has issued, applicants may waive their right to issuance of a further...

 

HTML"Obvious to try" test in Canada: how and when is it applied?
Cameron P. Weir; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
July 28, 2015, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update on July 23, 2015
In Canada, the subject matter of a claim in a patent must not have been obvious having regard to the citable prior art and the common general knowledge.

 

Adobe PDFFederal District Court Affirms Cancellation of “REDSKINS” Marks on Summary Judgment and Holds that First Amendment Does Not Control
Maurine L. Knutsson; Banner & Witcoff, Ltd.;
Legal Alert/Article
July 16, 2015, previously published on July 14, 2015
On July 8, 2015, the Federal District Court of the Eastern District of Virginia affirmed the Trademark Trial and Appeal Board’s cancellation of the REDSKINS federal trademark registrations owned by Pro-Football, Inc. Pro-Football Inc. v. Amanda Blackhorse et al., CN: 1:14-cv-01043, in the...

 


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