In the Press: Chicago Tribune reports on ARE’s win for Macy’s and quotes partner Anthony LoCicero
"Macy’s is pleased that Judge Chen recognized the importance of Macy’s heritage brands, and looks forward to prevailing at trial on the remaining store names," said Anthony Lo Cicero, an Amster Rothstein & Ebenstein lawyer representing Macy’s. Click here to read the full article. Note: Chicago Tribune subscription required. – Chicago Tribune, February 4, 2016
Amici Ask Federal Circuit to Curb Misapplication of Alice to Specific, Novel, and Concrete Inventions
On December 18, 2015, several amici filed a brief in support of appellants in Netflix, Inc. v. Rovi Corp. et al., No. 15-1917 at the Federal Circuit. The amici Broadband iTV, Inc., Double Rock Corporation, Island Intellectual Property, LLC, Access Control Advantage, Inc., and Fairway Financial U.S., Inc. are all former practicing entities and patent […]
ARE Trademark Law Alert: US Court of Appeals Finds Lanham Act Prohibition of Registration of Disparaging Trademarks to Be Unconstitutional
(December 23, 2015). On Tuesday, December 22, 2015, the US Court of Appeals for the Federal Circuit issued its much awaited en banc decision in the In re Tam case, and found the Lanham Act’s prohibition against the registration of “disparaging” trademarks to be a violation of the US Constitution’s First Amendment. This case arose […]
In the Press: IP Law 360 Reports, “PTAB Nixes Kimberly-Clark’s Pull-Ups Patent In Diaper Row”
PTAB Nixes Kimberly-Clark’s Pull-Ups Patent In Diaper Row By Kevin Penton Law360, New York (December 16, 2015, 4:48 PM ET) — The Patent Trial and Appeal Board has invalidated all 54 claims of a Kimberly-Clark patent for the refastenable seams found on its Pull-Ups training pants, agreeing with First Quality Baby Products LLC in a […]
In the Press:
IP Law 360 Reports on Broadband iTV Inc., “High Court Urged To Make Clear If Software Is Patentable”
Law360, New York (April 16, 2016, 12:36 AM ET) — A patent-holding company urged the Supreme Court on Thursday to review the invalidation of software company Versata’s pricing patent in the America Invents Act’s business method patent review program, arguing in an amicus brief that the justices must clarify the program’s scope and make clear […]
Microsoft ruling clarifies guidance on inter partes reviews
Microsoft Corp v Proxyconn Inc v Michelle Lee, Director, US Patent and Trademark Office, Nos 2014-1542, 2014-1543, 2015 US App LEXIS 10081 (Fed Cir 16 June 2015) Abstract The US Court of Appeals for the Federal Circuit provides guidance on practice before the US Patent Trial and Appeal Board in inter partes review proceedings (IPR) […]
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 […]
On remand, Federal Circuit reaffirms single entity rule for divided, direct infringement
Akamai Techs, Inc v Limelight Networks, Inc, 786 F 3d 899 (Fed Cir 2015) Abstract Following a remand from the US Supreme Court to consider the issue of multiple-actor direct infringement under 35 USC § 271(a), a split panel of the US Court of Appeals for the Federal Circuit continues to require that all of […]
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 […]
In the Press: IP Law 360 Reports On The Latest Patent Spat in Kimberly-Clark Case
Law360, New York (October 1, 2015, 9:07 PM ET) — A federal judge in Wisconsin sided with First Quality Baby Products LLC on Wednesday in the latest suit in a yearslong patent battle with Kimberly-Clark, invalidating a patent for the refastenable seams found on Kimberly-Clark’s Pull-Ups training pants, determining that the concept is obvious because […]