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Documents on Intellectual Property, Technology & Science
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|Supreme Court Rules Juries Should Decide on Trademark Tacking|
Timothy J. Lockhart; Willcox & Savage, P.C.;
March 12, 2015, previously published on Winter 2015Resolving a circuit split, the U.S. Supreme Court has ruled that the issue of whether two trademarks may be “tacked”—a newer mark’s acquiring the priority of an older mark—is a question for juries to decide. Hana Fin., Inc. v. Hana Bank, 135 S.Ct. 907 (2015). Writing...
|Carnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit|
Michael T. Renaud, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 10, 2015, previously published on January 13, 2015Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”),...
|Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract?|
Sean Casey, Matthew A. Karambelas, Courtney Quish, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 10, 2015, previously published on January 12, 2015Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas” and if the ordered combination of those abstract...
|Game Developers: What’s Your SWOT?|
Chinh H. Pham; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 8, 2014Multiple criteria have been used over the years by companies and investors to identify the commercial viability of Game Developer Creative Processa technology within a given industry. Included among these criteria are timeliness, market demand, and competitive advantage. These and other criteria...
|Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal|
Daniel N. Yannuzzi; Sheppard, Mullin, Richter & Hampton LLP;
February 13, 2015, previously published on February 5, 2015In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”) decision to institute inter partes review...
|The Internet of Things and Canadian Copyright Law|
Lisa K. Abe-Oldenburg; Bennett Jones LLP;
January 20, 2015, previously published on September 23, 2014Many of you have read about the dispute over copyright ownership of the monkey-selfie, where a primate took a digital photo that went viral and for which the owner of the camera tried to claim ownership. Ultimately the U.S. Copyright Office, in its draft Compendium of the U.S. Copyright Office...
|Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law|
J. Sébastien A. Gittens, Graeme S. Harrison, Martin P.J. Kratz; Bennett Jones LLP;
January 19, 2015, previously published on June 27, 2014Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several registered charities under the Income Tax Act, however, had thought...
|Computer and Software Related Innovation - Is There A Rationale For Filing Software Patent Applications in Canada?|
Timothy Bailey; Field Law;
January 19, 2015, previously published on November 18, 2014Intellectual property law provides a number of avenues to protect investments that innovators make in developing and marketing software. Securing one or more intellectual property rights is critical in acquiring and maintaining an edge in competitive markets.
|Canada’s New Trademark Law and What it Means for Business|
Lisa Statt Foy; Field Law;
January 19, 2015, previously published on November 18, 2014Through sweeping legislation smuggled in by means of an omnibus budget bill, Canada’s trademark registration regime will be changed more dramatically than at any time in the last 50 years. The changes are giving trademark agents from coast-to-coast tremors: the technical aspects of the...
|Intellectual Asset Management Best Practices - Part 2|
Richard Stobbe; Field Law;
January 19, 2015, previously published on November 18, 2014In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization together with registered and unregistered intellectual property...