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Documents on Intellectual Property
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|Granting Trademark Protection to the Design and Layout of Retail Stores|
Cristel Chabot-Lapointe; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 18, 2014On July 10, 2014 the Court of Justice of the European Union (the “CJEU”) issued its decision in Apple Inc. v. Deutsches Patent und Markenamt and recognized the possibility to register a three-dimensional representation of the design and layout of a retail store as a Community Trade Mark.
|Irreparable Harm No Longer Presumed in the Third Circuit for Lanham Act Plaintiffsm No Longer Presumed in the Third Circuit for Lanham Act Plaintiffs|
Janina Gorbach; Foley & Lardner LLP;
September 25, 2014, previously published on September 23, 2014In a recent decision, the Court of Appeals for the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking preliminary injunctive relief. In Ferring Pharms., Inc. v. Watson Pharms., Inc., No.13-2290 (Aug. 26, 2014), the Third Circuit extended the Supreme...
|Amending Claims in IPR or Reexam? The Apparent Clash between PTAB and CRU|
Azy Sophia Kokabi; Sughrue Mion, PLLC;
September 25, 2014, previously published on September 15, 2014 The Central Reexamination Unit (“CRU”) appears to be at odds with the Board of Patent Trial and Appeal Board (“PTAB”) with respect to a Patent Owner’s ability to amend or add claims in an ex parte reexamination proceeding filed during an inter partes review...
|Broadest Reasonable Interpretation vs. Ordinary and Customary Meaning: - Challenges Introduced by Applying Different Claim Construction Standards at the PTAB and District Courts|
Grant Ford; Sughrue Mion PLLC;
September 25, 2014, previously published on September 11, 2014 Inter Partes Review (IPR) is quickly becoming a popular means to challenge the validity of issued patents at the United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). According to USPTO statistics, 1,700 petitions for IPR were filed between September 2012 and...
|ALJ Lord Grants Google Inc.’s Motion To Intervene In Certain Communications Or Computing Devices (337-TA-925)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
September 25, 2014, previously published on September 23, 2014On September 10, 2014, ALJ Dee Lord issued Order No. 6 (dated September 9, 2014) in Certain Communications or Computing Devices and Components Thereof (Inv. No. 337-TA-925).
|CIPO-EPO Building Transatlantic Bridge on the Patent Prosecution Highway|
Patrick J. Laycock; Smart & Biggar/Fetherstonhaugh;
September 25, 2014, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law updateIn a key development, the Canadian Intellectual Property Office (CIPO) and the European Patent Office (EPO) have announced that they have signed a Memorandum of Understanding to establish a Patent Prosecution Highway (PPH) pilot program beginning January 2015. This bilateral agreement was signed at...
|Canada Signs First Free Trade Agreement with an Asian Nation|
Brian P. Isaac; Smart & Biggar/Fetherstonhaugh;
September 25, 2014, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law updatePresident Park Geun-Hye of South Korea and Prime Minister Steven Harper of Canada formally signed the Canada-South Korea Free Trade Agreement (CKFTA) on Monday, September 22, 2014. The agreement is the first free trade agreement that Canada has signed with an Asian nation and was signed the same...
|Motion for Additional Discovery: Attacking Third Party Testimony|
David P. Emery; Sughrue Mion, PLLC;
September 25, 2014, previously published on September 9, 2014 Recently, in an Inter Partes Review proceeding, patent owner Honeywell International Inc., failed in its attempt to obtain additional discovery under 37 C.F.R. § 42.51(b)(2). Mexichem Amanco Holdings S.A. de C.V. v. Honeywell International, Inc. (IPR2013-00576, Paper No. 36, September 5,...
|ITC Grants Motion To Correct Or Clarify Cease And Desist Orders In Certain Digital Models, Digital Data, And Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances (337-TA-833)|
Katherine Cappaert, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
September 24, 2014, previously published on September 23, 2014On September 16, 2014, the International Trade Commission (the "Commission") issued an order and opinion granting Respondents' motion to correct or clarify the cease and desist orders in Certain Digital Models, Digital Data, and Treatment Plans For Use in Making Incremental Dental...
|ALJ Essex Grants Motion For Protective Order Regarding The Scope Of Discovery In Certain 3G Mobile Handsets (337-TA-613)|
Christopher Ricciuti, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
September 23, 2014, previously published on September 22, 2014On September 17, 2014, ALJ Theodore R. Essex issued the public version of Order No. 50 (dated August 21, 2014) granting Complainants InterDigital Communications Corp.'s and InterDigital Technologies Corporation's (collectively, "InterDigital") motion for a protective order relating to...