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Canada Introduces Sweeping Changes in its Trademark Law
(July 3, 2014). Canada’s Economic Action Plan 2014 Act, which amends the Trade-marks Act to allow Canada to accede to various international trademark treaties, has received royal assent and passed into law as of June 19, 2014. The Act introduces sweeping changes in Canada’s trademark law that will have a significant impact on brand owners. […]
In The Press: BNA Patent, Trademark & Copyright Journal cites to partner Charles R. Macedo
The New York Intellectual Property Law Association filed a brief, submitted by Charles R. Macedo of Amster Rothstein & Ebenstein LLP, New York, who told Bloomberg BNA that ‘‘a cloud of uncertainty will remain over hundreds of thousands of patents’’ if the court does not resolve the questions it laid out in the en banc […]
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USPTO Issues Preliminary Examination Instructions In View of Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank Int’l, et al.
In view of the U.S. Supreme Court’s recent decision in Alice Corporation Pty. Ltd. v. CLS Bank Int’l, et al., No. 13-298, 573 U.S. __ (June 19, 2014), holding that the claims of a computer-implemented invention drawn to nothing more than an abstract idea are not patent-eligible under 35 U.S.C. § 101, the United States […]
Divided panel lets USPTO reexamination decision trump prior District Court ruling
Fresenius USA, Inc v Baxter Int’l, Inc, 721 F 3d 1330 (Fed Cir 2013) Abstract In Fresenius, a divided Federal Circuit panel held that the United States Patent and Trademark Office’s cancellation of patent claims during re-examination proceedings is binding on concurrent non-final infringement litigation. This important case addresses the interplay between court and administrative […]
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Supreme Court Finds Aereo Performs Copyrighted Works Publicly As Prohibited Under The Copyright Act
On June 25, 2014, the U.S. Supreme Court, in a 6-3 decision, reversed the Court of Appeals for the Second Circuit and found that Aereo, Inc.’s system of rebroadcasting television over the internet was a “public performance” of copyrighted works and a violation of the Copyright Act of 1976. American Broadcasting Companies, Inc., et al. […]
Divided Federal Circuit Panel Notes the Lack of Clarity in Patent-Eligibility Law
Accenture Global Services, GmbH v Guidewire Software, Inc, 728 F.3d 1336 (Fed Cir 5 September 2013) Abstract A divided panel at the US Court of Appeals for the Federal Circuit found computer system claims at issue to be patent-ineligible under 35 USC §101. With inconsistent guidance on patent eligibility from the Federal Circuit, the subject-matter […]
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Supreme Court Finds Alice’s Computer Implemented Claims To Be Patent-Ineligible Under 35 U.S.C § 101 As An Abstract Idea
On June 19, 2014, the U.S. Supreme Court unanimously found that the claims of a computer-implemented invention drawn to an abstract idea are not patent-eligible under 35 U.S.C. § 101. Alice Corporation Pty. Ltd. v. CLS Bank Int’l, et al., No. 13-298, 573 U.S. __ (June 19, 2014). Previously, the U.S. Court of Appeals for […]
ARE Patent Law Alert:U.S. Supreme Court Grants Certiorari in Alice v. CLS Bank to Address the Patent-Eligibility of Computer Implemented Inventions
On December 6, 2013, the U.S. Supreme Court granted certiorari in Alice Corporation Pty. Ltd., v. CLS Bank Int’l, et. al, No. 13-298 (U.S. Dec. 6, 2013) (“CLS IV”). The case relates to the patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101. The four patents at issue involve system, method, and media claims for a […]
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Supreme Court Holds FDA Labeling Regulations Do Not Preclude Lawsuits Under the Lanham Act
On June 12, 2014, the U.S. Supreme Court reversed the Ninth Circuit and unanimously held that compliance with the U.S. Food and Drug Administration’s (FDA) fruit juice labeling rules does not preempt a claim of false advertising under the Lanham Act. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, 2014 U.S. LEXIS 4165, at *1, […]
ARE Patent Law Alert:Patentee Bears Burden Of Proving Infringement Even When A Licensee Sues For A Declaratory Judgement Of Non-Infringement
On January 22, 2014, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, the U.S. Supreme Court unanimously ruled that even when a licensee in good standing seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of […]