Legal News

Obtaining an Opinion of Counsel May Mitigate the Risk of a Finding of Willful Infringement

October 11th, 2018

Associated Press Fumbles Handoff of Copyright License From Photographers to the NFL

October 4th, 2018

IPR Petitioners with Significant Research and Commercial Activities May Possess Standing for an Appeal

October 4th, 2018

For Venue Purposes in Patent Lawsuits, Unincorporated Entities May Reside in Their State of Organization



Summary: For purposes of the patent venue statute, district courts are likely to find an unincorporated entity resides in the state under whose laws the entity is organized, with the entity’s principal place of business establishing the particular judicial district in which the entity resides if the state has more than one judicial district.  Parties […]

IPR Petitioners without Concrete Plans for Potentially Infringing Activity May Lack Standing for an Appeal to the Federal Circuit



Summary:  PGR and IPR proceedings may offer a cost effective pathway to preemptively challenge the validity of a patent.  While a party dissatisfied with the outcome of such a proceeding may appeal to the Federal Circuit, a party not currently engaging in infringing activity but instead relying on potential infringement liability may lack Article III […]

A Determination of a Trademark’s or Service Mark’s Genericness and Descriptiveness Must be Made Before Determining Whether the Mark has Acquired Distinctiveness



The United States Court of Appeals for the Federal Circuit (“the Fed. Cir.”) recently held that, before determining whether a descriptive mark has acquired distinctiveness under the Lanham Act, the Trademark Trial and Appeal Board (“the Board”) must first determine (a) the mark’s status as generic vs. non-generic, and (b) the extent of descriptiveness of […]