Sheppard Mullin

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USPTO Permitting Trademark Applicants to Extend Certain Deadlines Due to COVID-19

On March 31, 2020, the U.S. Patent and Trademark Office (USPTO) announced that it is permitting trademark applicants to request extensions of the time allowed to file certain documents and to pay certain fees due to the ongoing COVID-19 emergency in the United States.  USPTO director Andrei Iancu has exercised temporary authority granted to him … Continue Reading

Metallizing Forfeiture Post-Helsinn

This article was originally published on PatentlyO.com. In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit had its first opportunity to address the impact of the “or otherwise available to the public” clause contained in post-AIA 35 U.S.C. § 102. In finding that the AIA “did not change the statutory meaning of ‘on sale’ in the … Continue Reading

News of Note: July 13, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: USPTO Launches Cancer Immunotherapy Pilot Program In support of the White House’s $1 … Continue Reading

TTAB Precedential Decision: Time Limit for Adding Claims Is Tolled by Filing of Cancellation Within Registration’s Fifth Anniversary

In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) held that the filing of a cancellation petition before the five-year anniversary mark of a registration tolls Trademark Act Section 14 for purposes of adding claims to a proceeding. Ashland Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp., Cancellation No. 92057294, … Continue Reading

News of Note in IP: June 20, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: Microsoft Partnership Cashes In on Legal Marijuana Boom Marijuana is now legal for … Continue Reading

Federal Circuit Affirms Refusal to Register “Churrascos” Based on Genericness, Despite Prior Federal Registration of the Mark

The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s refusal to register the stylized mark CHURRASCOS for bar and restaurant services based on genericness.  In re Cordua Restaurants, Inc., 2016 WL 2786364 (Fed. Cir. May 13, 2016). The Board refused registration of the stylized version of the mark … Continue Reading

News of Note in IP: June 3, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: The Physics Behind Captain America’s Shield Spider Man was wrong—that Stark-created shield may … Continue Reading

Sixth Circuit Rules in Favor of Songwriter’s Heirs in Copyright Termination Decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al.

In its May 16, 2016 decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al., the Sixth Circuit expressed skepticism of the Second Circuit’s and Ninth Circuit’s interpretation of the 304(c) termination provisions of the Copyright Act, despite ultimately deciding the case on an issue of contractual interpretation.  The Court handed … Continue Reading

News of Note in IP: May 24, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: Engineers Smash World Record for Solar Power Australian engineers successfully harvested an unheard-of … Continue Reading

News of Note in IP: May 18, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: New USPTO Guidance on Patent Eligibility of Diagnostic Methods It was a big … Continue Reading

News of Note in IP: April 15, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: House Subcommittee Holds Hearing on ITC Patent Litigation The House’s Judiciary Committee’s Subcommittee … Continue Reading

News of Note in IP: April 8, 2016

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that we’ve been reading: Senate Unanimously Approves Trade Secrets Bill The bipartisan “Defend Trade Secrets Act of … Continue Reading

T.T.A.B. Emphasizes the Fame of the Movie ‘Jaws’ in Its Refusal to Register a Cooking Show’s Mark

On March 16, 2016, the TTAB affirmed the refusals of an applicant’s mark, JAWS DEVOUR YOUR HUNGER, for online streaming cooking shows, holding that it is confusingly similar to the registered mark from the movie JAWS. Though the Board will rarely consider the fame of a mark in its du Pont analysis, the fame of … Continue Reading

Federal Circuit Won’t Review USPTO’s Alice Guidelines

On March 10, 2016, the Federal Circuit ruled that it cannot review the U.S. Patent and Trademark Office’s patent-eligibility guidelines to examiners on how to apply the Supreme Court’s Alice ruling.  The appeals court held that could not consider the USPTO’s Interim Eligibility Guidance because it did not create any substantive or procedural right enforceable … Continue Reading

Standards of Review: Implications for Patent Challengers

The standard of review is frequently cited but often overlooked as being outcome-determinative in patent cases. A recent trio of decisions by the Federal Circuit illustrates the differences in outcome that result from the standard of review for issued patents, challenged for validity in the Federal Courts, versus that for patent applications examined for patentability … Continue Reading

Belkin International, Inc. v. Kappos – A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination

By Michael Murphy and Martin Bader On Tuesday of last week, the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does not raise a substantial new question of patentability. See Belkin International, … Continue Reading

Federal Circuit Avoids Central Joint Infringement Question and Articulates New Standard For Inducement

By Dennis Smith, Martin Bader, Gray Buccigross On August 31, 2012, the Federal Circuit, sitting en banc, issued a seminal, split decision articulating a new standard for induced infringement. Adjudicating two companion cases, Akamai Technologies, Inc. v. Limelight Networks Inc., and McKesson Technologies, Inc. v. Epic Systems Corp. (Fed. Cir., No. 2009-1372, -1380, -1416, -1417), … Continue Reading

Second Circuit Digs Its Heels Into Louboutin Dispute; Finds “Red Sole” Trademark Protectable, But Limited in Scope

By Tyler Baker and Ted Max On September 5, 2012, the United States Court of Appeals for the Second Circuit issued its long-awaited and highly anticipated decision in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., Docket No. 11-3303-cv. The Second Circuit reversed the lower court decision, in part, holding that Christian Louboutin’s “red outsole” trademark was … Continue Reading
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