Category Archive for "Patterson Thuente News"

Patterson Thuente IP Attorneys Listed by Super Lawyers

Jim Patterson and Brad Pedersen were named to the 2018 Minnesota Super Lawyers® listing for intellectual property. Sarah Stensland was recognized on the Rising Stars® listing for intellectual property litigation.

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Bar fight

Just last year, in Matal v. Tam, the U.S. Supreme Court opened the door to the registration of trademarks that could be considered offensive when it ruled that the disparagement clause in the federal trademark law was unconstitutional. Now the U.S. Federal Circuit Court of Appeals has taken a similar stance, striking down the bar against the registration of trademarks that are “immoral or scandalous.”

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What makes a patent invalid due to “indefiniteness”?

Although in 2014 the U.S. Supreme Court announced a standard for assessing whether patent language is fatally indefinite, the limits of the Court’s decision are still being determined. More recently, the U.S. Federal Circuit Court of Appeals provided additional guidance — and it seems to favor patentees.

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Will innocent, immaterial inaccuracies defeat copyright registration?

Mistakes happen — but, thanks to a new ruling by the Eleventh Circuit Court of Appeals, mistakes in a copyright registration application don’t necessarily doom the resulting registration. According to a recent case, the registration will be upheld unless it contains material inaccuracies and the registrant intended to conceal relevant information from the Copyright Office.

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Federal Circuit confirms expansion of liability for divided patent infringement

Patentees have long struggled when trying to enforce method patents in “divided infringement” cases, where multiple parties carried out the required steps. The Federal Circuit Court of Appeals seems to have come to their rescue, though. The court, which hears all appeals in patent-related cases, recently made clear that it’s applying a looser standard when it comes to establishing direct infringement liability in divided infringement cases.

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Patterson Thuente Listed on 2018 IAM Patent 1000

We are proud to be listed among the top patent firms in the world in this year’s IAM Patent 1000 for the sixth year in a row. Patterson Thuente appears in the prestigious publication, published by Globe Business Media Group of London, as one of the world’s leading patent service providers. IAM is acknowledged within the industry as the leading IP business media platform. Patterson Thuente was included in the IAM Patent 1000 2018 publication as a recommended firm for both litigation and prosecution. Four attorneys – Eric Chadwick, Jim Patterson, Brad Pedersen, and Amy Salmela – were also recognized for their individual talents.

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The nuts and bolts of court-ordered mediation

Conventional wisdom tells us that, in business disputes, mediation works best when it is voluntary.  So why do judges regularly force litigants into mediation? Perhaps it’s because, in their experience, reality is quite different from the conventional wisdom. Namely, that mediation, whether voluntary or coerced, often helps litigants avoid unnecessary and costly litigation.

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Ideas on Intellectual Property Law – June/July 2018

Patterson Thuente IP is pleased to present the June/July 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Federal Circuit clarifies surname test for trademarks

What’s in a name? The answer to that question might determine whether a mark that includes someone’s surname is eligible for trademark registration. The Federal Circuit Court of Appeals has shed some light on when a mark with a surname is—and isn’t—registrable as a trademark.

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The Supreme Court and IPRs – a Mixed and Messy Bag of Results

In the Oil States decision handed down today, Justice Thomas authored the 7-2 majority decision affirming the constitutionality of IPR proceedings over challenges based on Article III separation of powers and the 7th Amendment Right to Trial by Jury.  Depending upon which camp you are in, this will be seen as either generally favorable (petitioners) or generally unfavorable (patent owners).

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