While U.S. patent provide protection for inventions in the U.S., no protection is provided outside the U.S. To obtain patent protection in foreign countries, an inventor (or applicant) must file a patent application in the particular foreign [...]
In the case of Gensetix v. Baylor College of Medicine (Fed. Cir. July 24, 2020), the Federal Circuit had the opportunity to determine whether a patent owner’s exclusive license could maintain a patent infringement suit without the [...]
In a trademark dispute between Lucky Brand Dungarees and Marcel Fashion Group, the U.S. Supreme Court had the opportunity to determine when a party is precluded from raising a defense raised in an earlier litigation between [...]
The Court of Appeals for the Ninth Circuit rendered a decision relating to the availability of attorney’s fees in copyright cases in the case of Doc’s Dream v. Dolores Press. The Ninth Circuit held that any action [...]
In the case of Romag Fasteners, Inc. v. Fossil Group, Inc., the Supreme Court had the opportunity to clarify whether a profits award for trademark infringement under Section 1125(a) of the Lanham Act requires a showing [...]
As part of the country overcoming the challenges presented by the COVID-19 virus, many inventors and companies are developing new ways to keep people safe, prevent the spread of the virus, and treats its symptoms. To assist [...]
Although uncommon, it is possible for two inventors to file patent applications directed to the same system. When this occurs, who is entitled to the patent? The America Invents Act, which was signed 16 September 2011, changed [...]
We’ve fielded many inquiries from businesses and brand developers, asking: do we need to file for trademark registration before we use the “brand” or “logo” that we are hoping to trademark? The answer, at least for trademarks, [...]
Do artists have rights in artworks that they have sold to others? France, Germany, and other European nations have long recognized that artists, including specifically visual artists, would retain “moral rights” in the artist’s work, impacting the [...]
Should you wait to file for formal copyright protection until after when you’ve learned that someone is copying your work? Prospective plaintiffs seeking to file a lawsuit for copyright infringement may often seek to file a Copyright [...]
