Supreme Court 2014-2015 IP Case Review (October/November 2014)
As the Supreme Court has already accepted the following three intellectual property cases for review this term (as of submission of this article), the Court appears to be continuing the heightened interest it has shown in the past few years in intellectual property matters. The Amicus Brief Committee has already filed a brief in one […]
ARE Patent Law Alert: Firm Wins En Banc Appeal in SCA v. First Quality
In another victory for Amster, Rothstein & Ebenstein LLP attorneys on behalf of Defendants First Quality, the Federal Circuit upheld the defense of laches in patent law in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 2013-1564 (Fed. Cir. Sept. 18, 2015). The Court heard this case en banc to consider the […]
Brief Of Amici Curiae, Netflix, Inc. v. Rovi Corporation, Rovi Technologies Corporation, Rovi Guides, Inc., aka Gemstar-TV Guide International, Inc., United Video Properties, Inc., – Aptiv Digital, Inc. Starsight Telecast, Inc. (U.S.December 18, 2015)
Click to download PDF: Brief Of Amici Curiae, Netflix, Inc. v. Rovi Corporation, Rovi Technologies Corporation, Rovi Guides, Inc., aka Gemstar-TV Guide International, Inc., United Video Properties, Inc., – Aptiv Digital, Inc. Starsight Telecast, Inc. (U.S.December 18, 2015)
ARE Patent Law Alert: Federal Circuit Affirms Broadest Reasonable Interpretation Standard of Claim Construction During IPRs, With Limits
Microsoft Corp. v. Proxyconn, Inc., Nos. 2014-1542, -1543 (Fed. Cir. June 16, 2015) (“Microsoft”). On Tuesday, June 16, 2015, US Court of Appeals for the Federal Circuit issued a decision on an appeal of a final IPR decision by the Patent Trial and Appeals Board (“Board”). See Microsoft Corp. v. Proxyconn, Inc., Nos. 2014-1542, -1543 […]
Brief Of Amici Curiae, Milo Shammas, Petitioner, v. Drew Hirshfeld, Commissioner for Patents, Respondent. (U.S.December 1, 2015)
Click to download PDF: Brief Of Amici Curiae, Milo Shammas, Petitioner, v. Drew Hirshfeld, Commissioner for Patents, Respondent. (U.S.December 1, 2015)
ARE Patent Law Alert: Williamson v. Citrix Online
(June 18, 2015) On June 16, 2015, the Federal Circuit Court of Appeals issued a substitute decision in Williamson v. Citrix Online LLC, 2013-1130, slip op. (June 16, 2015), in which the en banc Federal Circuit overruled prior precedent concerning means-plus-function claims. In particular, the court lowered the standard required to show, even in absence […]
ARE Trademark Law Alert: Supreme Court Finds Trademark Tacking to be a Factual Question for the Jury
On January 21, 2015, the U.S. Supreme Court unanimously affirmed the Court of Appeals for the Ninth Circuit and held that trademark tacking is a question for the jury rather than the judge. Hana Financial, Inc. v. Hana Bank et al., No. 13-1211, 574 U.S. __ (2015) (“Hana”). Trademark tacking allows a trademark owner to […]
Brief Of Amici Curiae, Ultramercial, LLC, et al., V. Wildtangent, Inc. (U.S. June 16, 2015)
Click to download PDF: Brief Of Amici Curiae, Ultramercial, LLC, et al., V. Wildtangent, Inc. (U.S. June 16, 2015)
ARE Trademark Law Alert: Normalization of US Relations With Cuba Opens New Possibilities and Dangers to US Brand Owners
(December 19, 2014). On December 17, 2014, President Obama announced that the United States would begin to normalize its diplomatic relations with Cuba. This dramatic reversal of the more than 50 years of hostility between the two countries has not been completely unheralded. For example, following the withdrawal of subsidies from the Soviet Union after […]
In The Press: 5 ARE Attorneys Named Super Lawyers Again
Thomson Reuter’s has named five (5) attorneys from Amster, Rothstein & Ebenstein LLP Super Lawyers in Intellectual Property Law for its 2014 New York Metro area edition, including partners Daniel Ebenstein, Anthony F. Lo Cicero, Charles R. Macedo and Neil Zipkin, as well as senior counsel Richard Mandaro. The firm is pleased to see its […]