ARE Patent Law Alert:
Victory for Firm’s IPR Team
Amster, Rothstein & Ebenstein, LLP attorneys scored another big win for First Quality Baby Products, LLC in an inter partes review (“IPR”) proceeding brought against Kimberly-Clark Worldwide, Inc.’s U.S. Patent No. 8,579,876 B2 (“the ‘876 Patent”). The challenged patent relates to folding of training pant side panels for packaging. On May 28, 2015, the Patent […]
In The Press: IP Watch Turns To Partner Charles Macedo For Comments from the Corporate IP Counsel Meeting
A wide variety of metrics of valuation were listed, taking both a qualitative or quantitative approach. Examples listed were: how often the patent is cited; who cited; length of claims; strength/validity of claims; priority date; geographic coverage; pendency of application; competing technologies; development stage; right to produce/sell/use; scope of areas of application; size of market; […]
ARE Patent Litigation Alert:
SCOTUS Rejects Good Faith Belief Of Invalidity Of A Patent As A Defense To Induced Infringement
(May 28, 2015) On May 26, 2015, in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, 574 U.S. ___ (May 26, 2015), the Supreme Court addressed the question of whether a good faith belief in an invalidity defense will defeat the “intent” element of a claim for induced infringement. Cisco argued that it was not liable […]
Brief of Amici Curiae, in B & B Hardware, Inc. v. Hargis Industries, Inc., (U.S. October. 31, 2014)
Click to download PDF: " Brief of Amici Curiae, in B & B Hardware, Inc. v. Hargis Industries, Inc. (U.S. October. 31, 2014)
ARE Patent Law Alert:
Patent Trial and Appeal Board Rule Changes
On Tuesday, May 19, 2015, the U.S. Patent and Trademark Office amended the rules of practice before the Patent Trial and Appeal Board (PTAB). These rules clarify and correct many of the procedural aspects of the inter partes review, post-grant review, transitional program for business method patents, and derivation proceedings governed by the 2011 Leahy-Smith […]
Effectively Sourcing and Diligencing an IP Investment
Over the past year, patents and other intellectual property have received more and more attention. The Supreme Court last term issued six patent decisions, plus two copyright decisions and a Lanham Act decision. This increased interest is part and parcel with the importance that intellectual property plays in our nation’s economy. However, with all these […]
ARE Patent Law Alert:
On Remand in Akamai, Federal Circuit Reaffirms Single Entity Rule for Divided, Direct Infringement
Akamai Techs., Inc. v. Limelight Networks, Inc., Nos. 2009-1372, -1380, -1416, -1417 (Fed. Cir. May 13, 2015) On May 13, 2015, in the most recent decision of the Akamai Techs., Inc. v. Limelight Networks, Inc. saga, a split panel of the Federal Circuit upheld the standard for divided, direct infringement under 35 U.S.C. § 271(a) […]
In The Press: IP Law 360 Reviews Patent Impact Of “Raging Bull”
Law360, New York (September 24, 2014, 7:18 PM ET) — A Federal Circuit panel declined last week to address whether the U.S. Supreme Court’s "Raging Bull" decision limiting laches as a defense in copyright cases applies equally to patent cases, but attorneys say the court now has an ideal opportunity to grapple with the issue […]
In The Press: Amster Rothstein & Ebenstein Attorneys named IP Stars of 2014 by Managing IP
Managing Intellectual Property has named 3 Amster Rothstein & Ebenstein attorneys as IP Stars of 2014. Congratulations: Daniel Ebenstein – IP Star (2014) – United States – IP Star (2014) – New York Anthony LoCicero – IP Star (2014) – United States – IP Star (2014) – New York Charles Macedo – IP Star (2014) […]
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 […]