News & Publications
Find our latest news and analysis here. From the daily Newsstand to the Quarterly Journal, we cover the full breadth of intellectual property law.
1st Circuit Reverses Class Certification in Asacol Antitrust Case
October 17, 2018The US Court of Appeals for the First Circuit on October 15, 2018, reversed a district court order certifying a class of indirect purchasers of the drug Asacol to pursue antitrust claims against Allergan Inc., the drugmaker.
The Music Modernization Act Signed into Law
October 16, 2018Congress recently passed the Orrin G. Hatch–Bob Goodlatte Music Modernization Act, which the president signed into law on October 11, 2018.
President Donald J. Trump Signs Marrakesh Treaty Into Law
October 12, 2018On October 9, 2018, President Donald J. Trump signed into law S. 2559, the “Marrakesh Treaty Implementation Act,” which provides for the implementation of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
USPTO Issues Final Rule on Claim Construction Standard
October 11, 2018The final rule replaces the "broadest reasonable interpretation" standard with the federal court claim construction standard, also known as the Phillips standard, that is used to construe a claim in a civil action under 35 U.S.C. § 282(b).
Samsung, Apple Win Attack on Tethering Patent
October 11, 2018On September 10, 2018, the United States Court of Appeals for the Federal Circuit upheld the Patent Trial and Appeal Board’s decision to invalidate IXI IP LLC’s patent related to sharing an internet connection over Bluetooth because it’s obvious in light of prior inventions.
No New Trial for Fiberglass Maker in Trade Secrets Case
October 8, 2018Johns Manville Corp.’s bid for a retrial in a trade secrets case against competing Knauf Insulation LLC was denied by the U.S. Court of Appeals for the Tenth Circuit because Knauf met the terms of an agreement over how it used the opinion of its counsel.
Migration Tool Now Available for EFS-Web and Private PAIR
October 4, 2018The US Patent and Trademark Office announced that a migration tool is now available for existing PKI digital certificate holders (registered practitioners and independent inventors) to link their USPTO.gov accounts to their current PKI digital certificates.
CAFC Rejects Bid to Register ‘Detroit Athletic Co.’
October 3, 2018The Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to refuse to register “Detroit Athletic Co.” for sports apparel because the mark would likely cause confusion with a long-standing private social club
New NAFTA Includes IP Provision
October 2, 2018The Office of the United States Trade Representative announced that the United States, Mexico, and Canada reached an agreement to “modernize the 24-year-old NAFTA into a 21st century, high-standard agreement."
PTAB Creates Precedential Opinion Panel (POP)
September 28, 2018The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding precedential and informative decisions (SOP2).