The US Patent & Trademark Office (PTO) announced that it has shortened the time between the issue notification and the issue date for patents. Historically, the time between these two events averaged about three weeks....more
McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. During these sessions, a variety of speakers from McDermott’s offices in the...more
1/22/2025
/ Artificial Intelligence ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Japan ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patent Registration ,
Patents ,
Pharmaceutical Patents ,
Standard Essential Patents ,
Trump Administration ,
Webinars
The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. Launched in 2013, AFCP 2.0 aimed to streamline the patent examination...more
The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No....more
The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more
On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for...more
On May 9, 2024, in a 6-3 decision, the Supreme Court of the United States affirmed the US Court of Appeals for the Eleventh Circuit’s prior ruling, holding that a plaintiff with a timely infringement claim under the discovery...more
5/15/2024
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a patent owner from seeking damages based on method claims infringed outside of the United States but confirmed that reasonable...more
The US Patent & Trademark Office (PTO) published its final rule, creating a separate design patent bar where admitted design patent practitioners will practice in design patent proceedings only. (88 Fed. Reg. 78644 (Nov. 16,...more
The Supreme Court of the United States agreed to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the...more
Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art,...more
9/28/2023
/ Appeals ,
Article of Manufacture ,
Claim Construction ,
Design Patent ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
USPTO
The US Copyright Office (CO) Review Board rejected a request to register artwork partially generated by artificial intelligence (AI) because the work contains more than a de minimis amount of content generated by AI and the...more
In a case involving sua sponte review, the Director of the US Patent & Trademark Office (PTO) vacated an inter partes review (IPR) decision denying institution, found that the Patent Trial & Appeal Board had statutory...more
5/18/2023
/ 35 U.S.C. § 311(b) ,
America Invents Act ,
Director of the USPTO ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Section 101 ,
USPTO
The uncertainty surrounding standard essential patent (SEP) licensing persisted in 2022 and shows little sign of clearing in 2023. SEPs must be licensed to technology implementers on fair, reasonable and nondiscriminatory...more
2/9/2023
/ Appeals ,
Article III ,
Department of Justice (DOJ) ,
EU ,
FRAND ,
Intellectual Property Protection ,
Licensing Rules ,
Patent Ownership ,
Standard Essential Patents ,
Standard Setting Organizations ,
Standing
The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural...more
A judge from the US Court of Appeals for the Third Circuit sitting by designation in the US District Court for the District of Delaware denied a motion to dismiss claims of misappropriation of trade secrets, tortious...more
In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person,...more
1/7/2021
/ Acquisitions ,
Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
FRAND ,
Global Market ,
Intellectual Property Protection ,
International Data Transfers ,
Investors ,
Japan ,
Mergers ,
Patent Portfolios ,
US Trade Policies ,
Webinars ,
White Collar Crimes
On January 21 and 22, 2020, the 8th annual McDermott International Seminars took place in Osaka and Tokyo. These seminars focused on cross-border M&A, GDPR, intellectual property, global enforcement and other key topics....more
2/13/2020
/ 5G Network ,
Artificial Intelligence ,
Blockchain ,
Driverless Cars ,
Emerging Technologies ,
Intellectual Property Protection ,
Internet of Things ,
Patents ,
Personalized Medicine ,
Professional Conferences ,
Trade Secrets
On January 21 and 22, 2020, we will be hosting our 8th McDermott International Seminars in Osaka and Tokyo respectively. These seminars will focus on cross-border M&A, GDPR, intellectual property, global enforcements and...more
12/20/2019
/ Acquisitions ,
Cross-Border Transactions ,
Data Privacy ,
Data Security ,
Emerging Technology Companies ,
Enforcement Actions ,
Events ,
Foreign Corporations ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Merger Controls ,
Mergers
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant of non-infringement because it was improperly granted on a ground that was not asserted by the accused infringer. NeuroGrafix...more
The US Court of Appeals for the Federal Circuit elected not to decide en banc whether servers or similar equipment in third-party facilities constitute a regular and established place of business under the patent venue...more
3/28/2019
/ Computer Servers ,
Google ,
Intellectual Property Protection ,
Motion to Dismiss ,
Patent Litigation ,
Patents ,
Principal Place of Business ,
TC Heartland LLC v Kraft Foods ,
Technology Sector ,
Venue ,
Web Servers