On March 15, 2020, the U.S. Patent and Trademark Office announced its offices will be closed to the public until further notice, "out of an abundance of caution for the health and safety of the public and USPTO employees."...more
On July 31, 2019, the United States Patent and Trademark Office ("USPTO") published final rules changes that mandate electronic filing. This new rule becomes effective on October 5, 2019. There are limited exceptions, so it...more
Tom Brady, and/or his agent, have been very active in the intellectual property area, filing for trademark protection on marks for TB12 and TOM TERRIFIC. TB12 was officially owned by Yee & Dubin Sports LLC, Brady's agent, and...more
On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...more
6/10/2019
/ Aiding and Abetting ,
Attorney's Fees ,
Breach of Duty ,
Commercial Bankruptcy ,
Employee Misconduct ,
Fiduciary Duty ,
Former Employee ,
Injunctive Relief ,
Intellectual Property Litigation ,
Jury Verdicts ,
Litigation Fees & Costs ,
Misappropriation ,
Popular ,
Punitive Damages ,
Remedies ,
Source Code ,
Theft ,
Trade Secrets
The General Data Protection Regulation ("GDPR") becomes effective on May 25, 2018. Its goal is to protect EU citizens from privacy and data breaches. The key provisions of the GDPR and information on how it may impact...more
5/17/2018
/ Breach Notification Rule ,
Consent ,
Data Breach ,
Data Controller ,
Data Processors ,
Data Protection Officers (DPOs) ,
EU ,
General Data Protection Regulation (GDPR) ,
Penalties ,
Personal Data ,
Portability ,
Right to Be Forgotten ,
Right-To-Access
Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe...more
10/17/2017
/ Allergan Inc ,
Exclusive Licenses ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Litigation Strategies ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more
3/27/2017
/ Affidavits ,
Audits ,
Burden of Proof ,
Goods or Services ,
Trademark Act ,
Trademark Cancellation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO
In our previous four articles in our trademark series, we discussed mandatory and optional filings for maintaining and protecting your marks, in order to avoid abandonment or cancellation. The final segment of our trademark...more
In our previous articles we discussed ways in which trademarks are maintained and protected through filings that are mandatory and which filings would result in abandonment or cancellation if not timely...more
In our last article, we explained trademark filings for showing continuous use of a mark. This third article in our trademark series explains renewal applications and practical suggestions for the trademark owner to avoid...more
Once you have obtained a U.S federal trademark registration, you must take certain steps to maintain the registration or else you risk losing your trademark protection. In this article, we discuss a key step in maintaining...more
This article explains filing deadlines and document requirements for maintaining federal trademark registrations with the U.S. Patent and Trademark Office (“USPTO”). The documentation for establishing proof of continued use...more
In a Federal Circuit decision handed down recently, the appeals court overturned a $120 million jury verdict awarded to Apple. Samsung prevailed in this, the third appeal in this litigation. Two of Apple’s patents were found...more
In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes...more
2/5/2016
/ Apple ,
CLS Bank v Alice Corp ,
IP License ,
Jury Verdicts ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Patent Trolls ,
Popular ,
Treble Damages ,
Willful Infringement