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HTMLALJ Lord Amends Ground Rules to Permit Reply Briefs
Michael B. Marion, Aarti Shah; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on November 24, 2014
On November 17, 2014, Administrative Law Judge Dee Lord amended her Ground Rules to permit parties filing motions to file a reply brief without first seeking leave from the ALJ. This presents a significant change in motions practice before ALJ Lord that differentiates her motions practice from the...

 

HTMLState of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...

 

HTMLThe Importance of Trademark Clearance Searches in Brand Development
Timothy O. Stevenson; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
February 27, 2015, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update
A recent news story involving an advertising campaign to promote tourism in Canada’s Yukon Territory vividly illustrates the importance of integrating experienced trademark counsel early in the brand development process.

 

HTMLALJ Pender Sets Consolidated Procedural Schedule In Certain Windshield Wipers (337-TA-928/937)
Alexander B. Englehart, Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
February 27, 2015, previously published on February 19, 2015
On January 21, 2015, ALJ Thomas B. Pender issued Order No. 10 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937). Please note that Oblon represents Complainants in this matter.

 

HTMLCAFC to Rehear Suprema: Disposition Could Have Significant Repercussions for ITC Jurisdiction
Nicholas W. Armington, Aarti Shah; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on November 26, 2014
On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC., Case No. 2012-1170 (Fed. Cir.). This rehearing reviews the controversial Federal Circuit opinion holding that “an exclusion order based on a violation of 19 U.S.C. §...

 

HTMLCAFC Finds Patent Claiming Software-Related Invention is Patentable
Sean Casey, Matthew A. Karambelas, Courtney Quish; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on December 10, 2014
For the first time since the Supreme Court’s Alice Corp. v. CLS Bank Int’l decision this past summer, the United States Court of Appeals for the Federal Circuit has found that a patent claiming a software-related invention was patentable subject matter under 35 U.S.C. § 101 (with...

 

HTMLSupreme Court Alters Appellate Review of Patent Claim Construction
Gregory A. Castanias, Calvin P. Griffith, Tharan Gregory Lanier, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
This morning, in Teva Pharms. USA, Inc. v. Sandoz, Inc., a divided Supreme Court held that while most district court rulings on claim construction will continue to be subject to de novo review, "underlying factual dispute[s]" relating to claim construction should be reviewed for clear...

 

HTMLNew Regulation for Patent Priorities| Uruguay
María Mercedes Díaz Suárez, Carolina Tobar Zárate; B&R Latin America IP LLC;
Legal Alert/Article
February 27, 2015, previously published by

http://brlatina.com/new-regulation-patent-priorities-uruguay/

on February 2015
DNPI (PTO) in Uruguay issued a resolution where the attorneys in charge of your case will have to keep the original documents with the translations and serve as custodians of the priority patent.

 

HTMLIndefiniteness: Are You Reasonably Certain?
Thomas Jackman, Carl A. Kukkonen, Pedro F. Suarez; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on November 21, 2014
The indefiniteness standard has, until recently, been very high—only an “insolubly ambiguous claim” was considered indefinite (see, e.g., Honeywell Intern., Inc. v. International Trade, 341 F. 3d 1332, 1338-9 (Fed. Cir. 2003))—but recent events have made it easier to...

 

Adobe PDFEU Advocate General: No Injunction against Users of Standard Essential Patents without an Offer to License
Mark A. Prinsley, Gillian Sproul, Zsolt Vertessy; Mayer Brown International LLP;
Legal Alert/Article
February 27, 2015, previously published on December 2014
The owner of a standard essential patent (SEP) may have to make a licence offer before seeking an injunction, following the non binding opinion of the Advocate General in the Huawei/ZTE case before the EU’s top court. The Court of Justice of the European Union is set to rule on a reference...

 


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