WASHINGTON, D.C. – The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”) recently announced the creation of a new Office of International Patent Cooperation (“OIPC”). The OIPC will be led by Mark Powell who will serve as USPTO’s first Deputy Commissioner for International Patent Cooperation. Deputy Commissioner…
Articles Posted in Intellectual Property Law
U.S. Supreme Court Holds Commercial Injury and Proximate Cause Necessary for False Advertising Claim Under Lanham Act
Washington, D.C. – The United States Supreme Court unanimously affirmed a Sixth Circuit ruling that intellectual property lawyers for defendant Static Control Components, Inc. of Sanford, North Carolina had properly pled a counterclaim for false advertising under the Lanham Act against Lexmark International, Inc. of Lexington, Kentucky. The Court held…
Center for Intellectual Property Law and Innovation Holds Third Annual Symposium
Indianapolis, Indiana – On April 10, 2014, the Robert H. McKinney School of Law will host “IP Jurisprudence in the New Technological Epoch: The Judiciary’s Role in the Age of Biotechnology and Digital Media.” The program will run from 9 a.m. to 5 p.m. and will provide 6.5 hours of…
Supreme Court Grants Review for Four Intellectual Property Lawsuits
Washington, D.C. – The Supreme Court of the United States agreed to review the judgments of several Courts of Appeals in four intellectual property disputes. The cases included two patent cases (regarding joint-infringement liability and indefiniteness invalidity), a copyright case (concerning public performances), and a case which may have implications…
Fourth Circuit Affirms Districts Court’s Injunction and Admission of Evidence in False Advertising Case
Richmond, Virginia – PBM Products, LLC (“PBM”) sued Mead Johnson & Company, LLC (“Mead Johnson”) alleging false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A) and (B), and commercial disparagement. Mead Johnson filed counterclaims against PBM. The district court dismissed the counterclaims and entered an injunction against…
Draft of Secret Trans-Pacific Partnership Agreement Released by WikiLeaks
WikiLeaks recently released the entire Intellectual property Rights Chapter from the secret negotiated draft text of theTrans-Pacific Partnership (“TPP”) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 percent of the world’s gross domestic product (“GDP”). The WikiLeaks release of the text…
Hatch Introduces Legislation to Combat Patent Trolls
Washington, D.C. – Utah Senator introduces a bill which includes both fee shifting and bonding to stop the drain on the economy caused by patent trolls. U.S. Senator Orrin Hatch (R-Utah), current member and former Chairman of the Senate Judiciary Committee, recently introduced legislation to address the growing threat of…
Assessing Factors That Affect Patent Infringement Litigation Could Help Improve Patent Quality
Washington, D.C. — The Government Accountability Office (“GAO”) finds the number of patent infringement suits and defendants has risen substantially in recent years. Some potential causes of this increase include vague, overbroad patents, the potential for large monetary awards from the courts and the increased perception of intellectual property as…
USPTO to Hold Seminar on Using the Madrid Protocol
Alexandria, Virginia – On Wednesday, October 23, 2013, the U.S. Patent Office (“USPTO”) will hold a one-day seminar on using the Madrid Protocol for filing an international application and maintaining an international registration. The target audience is practitioners who are already familiar with and have used the Madrid Protocol. The…
Government Shutdown May Soon Affect USPTO and Federal Courts
Washington, D.C. — The U.S. Patent Office (“USPTO”) and federal courts may be affected by a government shutdown, which will begin tomorrow if Congress does not enact a continuing resolution to fund government operations today. The federal court system will not be affected immediately. During the first 10 business days…