There are many requirements for obtaining a patent.  One of those is the written description requirement.  Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.  If the written description requirement is not met, the patent won’t be granted.  If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.  Recently, in Juno Therapeutics, Inc. v. Kite Pharma, Inc., 2021 U.S. App. LexIs 25706 (Fed. Cir. 2021), a damage award of $1.2 billion for patent infringement was reversed for just this reason. Continue Reading Written Description Remains Critical to Patents

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store. Continue Reading The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

In In re: OnePlus Technology (Shenzhen) Co. Ltd., case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants. Continue Reading Federal Circuit Allows Easier Foreign Corporation Service Requirements

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding that trademark. Continue Reading The Briefing by the IP Law Blog: Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?

The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. The arena is currently under construction just south of the new SoFi Stadium and the Hollywood Park development. It is scheduled to open in 2024. Continue Reading Los Angeles Clippers and Intuit Enter into 23-Year Naming Rights Agreement and Name the New Arena in Inglewood Intuit Dome