Posts filtered by tags: Brooks Kushman[x]


 

Invention of a Slave: 2021 Redux

by Dennis Crouch Tormasi v. Western Digital, Docket No. 20-1396 (Supreme Court 2021) Walter Tormasi is a prisoner in the New Jersey state prison system. He is serving a life sentence for murdering his mother when he was 16 years old after apparently receiving encouragement from his father, Attila. Tormasi is also a patentee.  His U.S. Patent No. 7,324,301 covers a computer hard-drive that allows for “simultaneously and independently” reading and/or writing on different carrier surfaces within t...
Tags: Supreme Court, Law, United States, New Jersey, Patent, Western Digital, Lewis, Trenton, Chen, Casey, Federal Circuit, Stoll, Wallach, John Kane, New Jersey New Jersey, Brooks Kushman


United States: Preview: Supreme Court 2018/2019 Intellectual Property Docket - Brooks Kushman

Although the U.S. Supreme Court historically has heard relatively few intellectual property cases, it has shown a heightened interest in recent years by granting certiorari in multiple cases each term.
Tags: News, Supreme Court, United States, U S Supreme Court, Brooks Kushman




United States: Supreme Court Agrees to Hear Trademark License Bankruptcy Dispute - Brooks Kushman

The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner's bankruptcy may have on a licensee's right to continue to use a mark licensed before the bankruptcy was filed.
Tags: News, Supreme Court, United States, U S Supreme Court, Brooks Kushman


Morning Docket: 11.02.18

* Justice Brett Kavanaugh isn’t the only one who’s relying upon calendars as a defense to sexual misconduct allegations. President Donald Trump says he’ll turn over portions of his calendars and journal entries to combat allegations that he forcibly kissed Summer Zervos, a former Apprentice contestant. [USA Today] * Do you support term limits or […]
Tags: Supreme Court, Law, Women's Issues, Donald Trump, Law Schools, Biglaw, Sheppard Mullin, Morning Docket, American Bar Association / ABA, Gender Equity, Bar Exams, Thomas M. Cooley Law School, Fix the Court, Brett Kavanaugh, Brooks Kushman, Summer Zervos


United States: Claim Limitation Reciting Unspecified ‘Requirements" Indefinite Under § 112(B) - Brooks Kushman

The U.S. Court of Appeals for the Federal Circuit affirmed a district court ruling that a claim in Intellectual Ventures I LLC's patent covering an "application-aware resource allocator"
Tags: News, United States, U S Court of Appeals for the Federal Circuit, Intellectual Ventures I LLC, Brooks Kushman


United States: Federal Circuit Clarifies IPR Procedures In Trio Of Cases - Brooks Kushman

On August 16, 2018, the U.S. Court of Appeals for the Federal Circuit issued a spate of precedential decisions, including three clarifying procedures in inter partes review proceedings before the USPTO's Patent Trial and Appeal Board.
Tags: News, United States, Uspto, U S Court of Appeals for the Federal Circuit, Brooks Kushman, Federal Circuit Clarifies IPR


United States: PTAB Releases Revised AIA Trial Guide - Brooks Kushman

The USPTO Patent Trial and Appeal Board has issued a revised AIA Trial Practice Guide, updating the original guide published in 2012.
Tags: News, United States, USPTO Patent Trial and Appeal Board, Brooks Kushman, AIA Trial Practice Guide


United States: Federal Circuit Rules That Tribal Sovereign Immunity Does Not Apply In IPR Proceedings - Brooks Kushman

In a closely-watched case, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO's Patent Trial and Appeal Board and held that tribal sovereign immunity does not apply to
Tags: News, United States, Uspto, U S Court of Appeals for the Federal Circuit, Patent Trial and Appeal Board, Brooks Kushman


United States: Supreme Court Rules That § 284 Permits Lost Profits Damages Based On Lost Foreign Sales - Brooks Kushman

In a decision considering the extraterritorial effect of the U.S. Patent Act, the Supreme Court has ruled that damages for patent infringement under 35 U.S.C. § 271(f)(2) can – in at least some cases
Tags: News, Supreme Court, United States, Brooks Kushman


United States: Federal Circuit Tackles Post-SAS Procedural Tangles – Rules That Patent Owner May Request Remand, Did Not Waive Challenge To Partial Final Written Decision - Brooks Kushman

In the wake of the Supreme Court's decision in SAS Institute Inc. v. Iancu, 584 U.S. __, 138 S.Ct. 1348 (2018), ruling that 35 U.S.C. § 318(a) requires the PTAB's final written decision ("FWD") in an inter partes review
Tags: News, Supreme Court, United States, SAS Institute Inc, Iancu, Brooks Kushman, Federal Circuit Tackles Post SAS


United States: PTAB Designates Two New Informative Decisions Addressing IPR Filing Issues - Brooks Kushman

The PTAB recently designated two decisions as informative that concern the time bar to filing an inter partes review (IPR).
Tags: News, United States, PTAB, Brooks Kushman


United States: Federal Circuit Rules That Scandalous And Immoral Trademarks May Be Registered - Brooks Kushman

Earlier this year, the U.S. Supreme Court ruled that the Lanham Act's prohibition on the registration of disparaging trademarks was unconstitutional. Matal v. Tam, 137 S.Ct. 1744 (2017).
Tags: News, United States, Tam, U S Supreme Court, Federal Circuit, Brooks Kushman, Matal


United States: USPTO Announces Fee Increases Effective January 16, 2018 - Brooks Kushman

United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings
Tags: News, United States, Uspto, United States Patent and Trademark Office, Brooks Kushman


United States: New PTAB "Informative" Decisions Support Denial Of Institution When Grounds Were Considered Previously - Brooks Kushman

The USPTO Patent Trial and Appeal Board recently designated three decisions as "informative" under the Board's procedures. Informative decisions are not binding authority
Tags: News, United States, USPTO Patent Trial and Appeal Board, Brooks Kushman


IPO Webinar on Sovereign Immunity at the PTAB

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Sovereign Immunity at the PTAB: Gimmick or Genius?" on October 24, 2017 from 2:00 to 3:00 pm (ET). Brendan Johnson of Robins Kaplan, Lissi Mojica of Brooks Kushman, and Shashank Upadhye of Amin Talati Upadhye will address such questions as: • What is the nature of tribal immunity? • Do Indian tribes offer special advantages in these deals, or could a patent owner just as well make a deal for a state govern...
Tags: Law, Patent Docs, Conferences & CLE's, PTAB, Intellectual Property Owners Association IPO, Brooks Kushman, Brendan Johnson, Robins Kaplan Lissi Mojica, Shashank Upadhye, Amin Talati Upadhye


United States: Federal Circuit Rejects Some USPTO Requirements For Amending Claims During IPR Proceedings - Brooks Kushman

On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board)
Tags: News, United States, Federal Circuit, U S Court of Appeals for the Federal Circuit, Patent Trial and Appeal Board, Brooks Kushman


United States: Federal Circuit Shoots Down Eastern District Of Texas Patent Venue Test - Brooks Kushman

In re Cray Inc., No. 2017-129 (Sept. 21, 2017). Under the court's ruling, the presence of a remote employee working from home in the district generally would not be sufficient to establish venue.
Tags: News, United States, Cray Inc, Brooks Kushman


United States: PTAB Establishes Criteria Governing Follow-On Petitions For AIA Post Grant Proceedings - Brooks Kushman

A familiar strategy in inter partes ("IPR") review proceedings under the America Invents Act ("AIA") is for petitioners to file multiple petitions challenging claims in an issued patent
Tags: News, United States, AIA, IPR, Brooks Kushman


United States: Patent Applicants Must Pay USPTO's Legal Fees for Appeals to District Court Under 35 U.S.C. §145 - Brooks Kushman

The U.S. Court of Appeals for the Federal Circuit has held that an applicant for patent who pursues an appeal to the U.S. District Court for the Eastern District of Virginia under 35 U.S.C. §145 must pay the USPTO's legal fees in defending the appeal
Tags: News, United States, Uspto, U S Court of Appeals for the Federal Circuit, Brooks Kushman, USPTO s Legal Fees for Appeals to District Court


United States: Supreme Court Interprets Provisions Of Biologics Price Competition And Innovation Act - Brooks Kushman

On June 12, 2017, in its final patent-related decision of the October 2016 term, the U.S. Supreme Court issued a unanimous decision interpreting two disputed provisions in the Biologics Price Competition and Innovation Act of 2009, 42 U.S.C. § 262(l).
Tags: News, Supreme Court, United States, U S Supreme Court, Brooks Kushman


United States: Supreme Court Strikes Down Lanham Act's Prohibition On Registration Of Disparaging Trademarks - Brooks Kushman

The U.S. Supreme Court has held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), is unconstitutional as a violation of the First Amendment's protection of free speech.
Tags: News, United States, U S Supreme Court, Brooks Kushman




United States: Supreme Court To Review PTAB Practice Of Reviewing Only Selected Challenged Claims - Brooks Kushman

On May 22, 2017, the U.S. Supreme Court granted review in the first patent case accepted for the October 2017 term.
Tags: News, United States, U S Supreme Court, Supreme Court To Review, Brooks Kushman


United States: Supreme Court Rules That Any Authorized Product Sale, Anywhere In The World, Exhausts Patent Rights - Brooks Kushman

The U.S. Supreme Court has held that a patent owner's sale of a patented product exhausts its ability to bring infringement claims against the purchaser, or subsequent owners, of the product.
Tags: News, Supreme Court, United States, U S Supreme Court, Brooks Kushman


United States: Statements Made in IPR Preliminary Responses May Trigger Later Prosecution Disclaimer - Brooks Kushman

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit has held that a patent owner's statements made in a preliminary statement during an AIA IPR proceeding may create
Tags: News, United States, U S Court of Appeals for the Federal Circuit, Brooks Kushman


United States: Federal Circuit Considers Offers For Sale Under AIA, Suggests That Congress Did Not Discard All Pre-AIA Prior Art Definitions - Brooks Kushman

The Leahy Smith America Invents Act ("AIA") amended the Patent Act's novelty provisions for all applications having an effective filing date on or after March 16, 2013.
Tags: News, United States, AIA, Federal Circuit, Leahy Smith America, Brooks Kushman


Webinar on Overcoming 101 Rejections for Computer and Electronics Related Patents

Strafford will be offering a webinar/teleconference entitled "Overcoming 101 Rejections for Computer and Electronics Related Patents -- Leveraging USPTO Guidance and Recent Decisions to Meet 101 Patent Eligibility Requirements" on May 4, 2017 from 1:00 to 2:30 pm (EDT). Charles Bieneman of Bejin Bieneman and Isaac T. Slutsky of Brooks Kushman will provide guidance to patent counsel for overcoming § 101 rejections for computer and electronics-related patents, and review recent case law and USPTO ...
Tags: Law, Uspto, Strafford, Patent Docs, Conferences & CLE's, Charles Bieneman, Bejin Bieneman, Brooks Kushman, Computer and Electronics Related Patents, Isaac T Slutsky


United States: Supreme Court Expands Copyright Protection Of Pictorial, Graphic, And Sculptural Works Found In Useful Articles - Brooks Kushman

On March 22, 2017, the Supreme Court established a standard for determining whether a design element incorporated into a useful article can be protected as a pictorial, graphic
Tags: News, Supreme Court, United States, Brooks Kushman


United States: Open Source Software: What Every In-House Counsel Should Know - Brooks Kushman

Open source software (OSS) is ubiquitous in software development today, enabling technical innovation, productivity gains, and touching everything from big data and cloud to mobile and embedded.
Tags: News, United States, Oss, Brooks Kushman