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Inter partes review (IPR) offers parties an expedited opportunity to challenge the validity of a patent outside of court. But, as one challenger recently learned the hard way, it’s critical that arguments against patentability be raised at the proper time.
Fair use defense wins trademark infringement case Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge victorious, because a court found its opponent’s use of its mark was fair.
Federal Circuit rejects narrow approach to relation back doctrine The U.S. Court of Appeals for the Federal Circuit, the appellate court that hears all patent-related appeals, recently revived an infringement lawsuit based on the relation back doctrine. The court found the trial court’s application of the doctrine, which resulted in the case being dismissed because of the statute of limitations, “overly restrictive.”
In 2017, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., established a two-part test for analyzing which elements of a piece of clothing are design elements protectable by copyright and which are nonprotectable functional elements. The U.S. Court of Appeals for the Third Circuit has now applied the Supreme Court’s decision for the first time in its jurisdiction.
Patterson Thuente IP is pleased to present the April/May 2020 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions. The U.S. Court of Appeals for the Third Circuit has now made it harder for copyright holders to get injunctive relief, even after prevailing in court.
It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” The U.S. Court of Appeals for the Second Circuit has provided some helpful guidance on this issue, as well as the evidence required to justify an award of the infringer’s profits.
Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company.