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January 24, 2023 | New York Law Journal

Supreme Court To Revisit the Patent Enablement Standard

The decision in 'Amgen v. Sanofi' has the potential to have a significant impact on inventors and patent drafters, and the breadth with which they may be able to claim their inventions.
7 minute read
January 10, 2023 | New York Law Journal

Supreme Court To Address Extraterritorial Scope of the Lanham Act

In 2023, the Supreme Court is set to address the extraterritorial application of the protections provided by the Lanham Act.
8 minute read
January 05, 2023 | Law.com

Higher Law: Trademarks Suits Targeting Vape Products Spike on Both Coasts

Trademark suits targeting smoke shops' vape products have flooded federal courts in Florida and California.
8 minute read
December 30, 2022 | National Law Journal

Supreme Court Will Again Be Focus of IP World in 2023

Despite having lost two of its strongest voices on IP in the last two years, the high court is wading into some 'meat and potatoes' IP issues such as pharma patents and copyright fair use.
10 minute read
December 22, 2022 | National Law Journal

Big Verdicts and New Sheriffs: The Year That Was in IP Litigation

Judge Alan Albright's patent docket was slowed but not stopped. Judge Colm Connolly is pulling the lid off of nonpracticing entities. And PTO Director Kathi Vidal "has been everywhere."
8 minute read
December 16, 2022 | Law.com

Skilled in the Art With Scott Graham: Are All of Waco's Patent Cases Headed Back to Judge Albright? + Bad Spaniels Does an Old No. 2 on MSCHF Appeal

Western District Chief Judge Orlando Garcia cooled off the patent party in Waco last July, but may have restarted it just before his term ended last month.
7 minute read
November 22, 2022 | Law.com

WTF? The Trademark Appeal Board Weighs In on Failure to Function Refusals

Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure to function refusals going forward.
11 minute read
November 04, 2022 | Law.com

Skilled in the Art With Scott Graham: The Supreme Court Will Have Its Say on Enablement + CAFC Doesn't Like Taste of Brewery Mark + Farewell to a Kind Friend

It's Term Jeff Lamken at the Supreme Court as the MoloLamken partner persuades the court to grant cert in cases of patent enablement and trademark extraterritoriality.
8 minute read
October 21, 2022 | Law.com

Skilled in the Art With Scott Graham: Show Him the Money: Judge Connolly Sets a December Hearing on VLSI/Fortress Finances + No, Fortanix Is Not Confusingly Similar to Fortinet

Will Connolly's hearings be public? Will his orders be appealable? Shaw Keller partner Andrew Russell of the IP/DE blog helps game out some scenarios.
7 minute read
October 07, 2022 | Law.com

Skilled in the Art With Scott Graham: Delaware Patent Filings Decline as Connolly Turns Up Heat on Litigation Funding + Another Monster Win for Hueston Hennigan + Uniloc Throws in the Towel on Publicizing Patent Licenses

Delaware has seen a strong downward shift in patent filings over the last six months, Law.com Radar reports. That's right about the time Chief Judge Colm Connolly began requiring fulsome disclosure about third-party litigation funding.
9 minute read

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