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Federal Circuit Rules the Patent Trial and Appeal Board Can Consider New Evidence During AIA Review Trial

Posted in Copyright Law, Legal Info, Patent Law, Trademark Law

On September 26, 2016, the U.S. Court of Appeals for the Federal Circuit declined to review in a unanimous en banc decision a panel Federal Circuit decision affirming that the Patent Trial and Appeal Board (the “Board”) at the Patent and Trademark Office (“USPTO”) could hear new evidence during a trial, evidence that was not… Continue Reading

How BREXIT Will Affect Intellectual Property

Posted in Copyright Law, IP Law Blog Lawyers In The News, Legal Info, Patent Law, Trade Secrets

As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union.  What affect does BREXIT have on intellectual property rights in the United Kingdom and the European Union?  There is a two-year process of negotiation between the UK and the EU, provided for by… Continue Reading

Federal Circuit Holds the PTAB Must Apply Narrower Phillips Claim Construction Standard to Patents that Expire During Pendency of Re-exam

Posted in Patent Law

By:  Eric Caligiuri In In re CSB-System Int’l, Inc., No. 15-1832 (Fed. Cir. Aug. 9, 2016), the Court of Appeals for the Federal Circuit recently held that patents that expire during a pending re-examination before the Patent Trial and Appeal Board (“PTAB”) should be examined under the Phillips standard of claim  construction, and not the… Continue Reading

The Long Lashes of the Law: The Federal Circuit Rejects Nation-wide Application of An Injunction Based on California Unfair Competition Statutes

Posted in Legal Info, Trademark Law

By:David Gabor On December 30, 2013, the Federal Court of Appeals, in Allergan, Inc. v. Athena Cosmetics, Inc., et al., an as-yet unpublished decision, affirmed a California District Court ruling that has the potential significantly to affect advertising law and the use of the California unfair competition statute at B&P Code §17200, et seq. to… Continue Reading

California Passes New Privacy Law That May Require Revisions to Most Online Privacy Policies.

Posted in Privacy, Web/Tech

 By: Scott Hervey Once again, California leads the nation in passing online privacy consumer protection legislation. On September 30, 2013 Governor Jerry Brown signed into law A.B 370 which adds new provisions to California’s existing Online Privacy Protection Act (Business and Professions Code Section 22575).  These new provisions require the operators of websites, online services and  mobile… Continue Reading

Federal Circuit Revisits Comiskey

Posted in Patent Law

By Audrey A. Millemann   In another attempt to address the question of the patentability of business methods, the Federal Circuit Court of Appeals has vacated its September 2007 decision in In re Comiskey (499 F.3d 1365).    The patent application filed by Comiskey, in 1999, claimed a method for mandatory arbitration and a system,… Continue Reading

Intellectual Property Basics

Posted in Copyright Law, Patent Law, Trademark Law

By Audrey A. Millemann The beginning of the year is a good time to review your clients’ intellectual property needs. The first and most important thing to do is to determine what intellectual property the client has. Once the intellectual property has been identified, the means of protecting it can be analyzed and a plan for establishing… Continue Reading