In the Press: IP Law 360 Reports, “Macy’s Earns Partial Win Over Accused TM Infringer””

Law360, New York (March 10, 2016, 7:50 PM ET) — Macy’s asked for sanctions Wednesday in its infringement suit against a company that revives defunct but well-known brands, telling a California federal court that the company and its founder breached the confidentiality terms of their settlement by claiming they “won” the suit. Macy’s Inc. said […]

ARE Patent Law Alert:
USPTO Issues a Final Rule to Amend the Rules of Practice for Trials Before the Patent Trial and Appeal Board

On April 1, 2016, the U.S. Patent and Trademark Office (“USPTO”) published a final rule in the Federal Register to amend the existing rules of trial practice before the Patent Trial and Appeal Board (PTAB).  The final rule will take effect on Monday, May 2, 2016, and it will apply to all petitions for post-grant […]

In the Press: IP Law 360 Reports On Amicus Brief Submitted By Firm on Behalf of NYIPLA in Cuozzo v. Lee

The New York Intellectual Property Law Association also filed an amicus brief in the case, but said it was taking no position on the claim construction issue. Instead, it focused on the second question presented by Cuozzo, which challenges the Federal Circuit’s ruling that decisions to institute AIA reviews are not appealable, even if the […]

Brief Of Amici Curiae, Cuozzo Speed Technologies, LLC, v. Michelle K. Lee, Under Secretary Of Commerce For Intellectual Property And Director, Patent And Trademark Office (U.S.February 24, 2016)

Click to download PDF: Brief Of Amici Curiae, Cuozzo Speed Technologies, LLC, v. Michelle K. Lee, Under Secretary Of Commerce For Intellectual Property And Director, Patent And Trademark Office (U.S.February 24, 2016)  

The Federal Circuit, En Banc, Maintains Prior Law On Patent Exhaustion In Lexmark v. Impression

On Friday, February 12, 2016, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited en banc decision in Lexmark International, Inc. v. Impression Products, Inc., Nos. 2014-1617, 2014-1619, Slip Op. (Fed. Cir. Feb. 12, 2016) (en banc).   In Lexmark, the full court considered the impact of recent Supreme Court decisions on its prior […]

ARE Patent Law Alert:
In Enfish v. Microsoft, the Federal Circuit Recognizes Limits on Alice as Applied to Computer Software

As previously reported, since the Supreme Court’s decision in Alice v. CLS, many lower courts and the U.S. Patent and Trademark Office (“USPTO”) have overzealously applied that decision to improperly invalidate patents on the grounds that they are not patent-eligible under 35 U.S.C. § 101.  See, e.g., High Court Urged To Make Clear if Software is Patentable, Law360, April […]

Supreme Court 2013-2014 IP Case Review

In the past term, the Supreme Court issued a historically high number of patent and other intellectual property opinions. The Amicus Brief Committee filed briefs in four of these cases.1 Each of these briefs may have influenced the Court’s decisions, which have changed the prevailing rule of law in the area addressed. Below, we summarize […]

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 Denies Mandamus in Heartland Over Patent Venue

On Friday, April 29, 2016, the U.S. Court of Appeals for the Federal Circuit (“the Federal Circuit”) denied a petition for writ of mandamus by TC Heartland, LLC (“Heartland”) to dismiss or transfer an action for lack of personal jurisdiction, holding that would not alter its precedent concerning venue and jurisdiction. Background Kraft Foods, Inc. […]

Only ‘Expenses’ Not ‘Attorney Fees’ Should Be Awarded Under Section 21(b) of the Lanham Act

On December 1, 2015, the New York Intellectual Property Law Association filed an amicus brief in support of the petition for a writ of certiorari in Shammas v. Hirshfeld, No. 15-563. Dorothy Auth, President of the NYIPLA, Charles R. Macedo and David Goldberg of Amster, Rothstein & Ebenstein LLP, Charles E. Miller of Eaton & […]