Articles

Gambling Patents a Bad Bet at the Federal Circuit

Written by: Andrew J. Koopman This article first appeared in the January 31, 2019 edition of the Legal Intelligencer. Casino games haven’t changed too much since James Bond first took a seat at the Royale-les-Eaux casino in the early 1950s.  While Texas Hold ‘Em may have surpassed baccarat, the staples—blackjack, craps, roulette—have reigned supreme for decades.  […]

Read more

The EUIPO Just Revoked A World Famous Trademark, and McDonald’s Isn’t “Lovin’ It”

Written by: Friedrich Scheele McDonald’s hamburgers span the globe.  These sandwiches, renown throughout the U.S., are also widely available in Munich, Paris, and many other European cities.  One of its more famous hamburgers, available globally, is the BIG MAC®.  Its ubiquity is so well-established that The Economist created a purchasing-power parity (PPP) index in 1986 […]

Read more

A Look at Inter Partes Reviews One Year After ‘SAS Institute’

Written by: Christopher H. Blaszkowski This article first appeared in the January 10, 2019 edition of the Legal Intelligencer. In October 2017, the U.S. Supreme Court issued a boon to patent challengers (also known as “petitioners” at the Patent Trial and Appeal Board (“PTAB”)) in SAS Institute Inc. v. Iancu, holding that that PTAB must issue a […]

Read more

When Sweet Treats Create Bitter Disputes: Trademark Clashes are No Stranger to Chocolate

Written by: Andrew J. Koopman This article first appeared in the October 3, 2018 edition of the Legal Intelligencer. When it comes to chocolate, taste is king, but appearance is not far behind. International candy manufacturer Nestlé S.A. has suffered a setback in its long-running effort to obtain trademark protection throughout the European Union for […]

Read more

How Will Electrification, Connectivity and Autonomy Impact Auto Prices?

Written by: Brett J. Rosen With the advent of electrification, connectivity and autonomy in passenger vehicles, the automotive landscape is changing at a rapid pace.  Many vehicles can communicate with other vehicles, detect pedestrians, drive without user intervention, observe driver behavior, and drive long distances on a single electrical charge.  Original equipment manufacturers (OEMs) in […]

Read more

Tips for Responding to Alice Rejections in Automotive Patent Applications

Written by: Robert A. Esposito, Ph.D. Introduction The eligibility of software patents under 35 U.S.C. §101 has been an ongoing legal issue dating back to the early days of computers in the late 1960s. Prior to 2014, Patent Examiners rarely issued §101 rejections during prosecution of software-based patent applications.  Furthermore, any such rejection was easily […]

Read more

Export Market Beware! Recent Supreme Court Cases Expand Damages and Create New Confusion About Liability For Exporting Parts for Assembly Overseas

Written by: Michael P.F. Phelps The U.S. automotive parts industry is a poster child for modern commercial globalization.  Parts and assemblies are passed within and across borders from one supply tier to the next to feed automobile manufacturing plants around the world.  The network is so vast and intermixed that it’s hard to pinpoint any […]

Read more

Foreign Auto Manufacturers Having U.S. Innovation Centers Should Consider U.S. Export Controls

Written by: Brett J. Rosen Move over Detroit.  Many foreign auto manufacturers (e.g., Honda, Hyundai and Mercedes Benz, to name a few) and first tier suppliers have established automotive innovation centers in Silicon Valley (and elsewhere in the U.S.) to take advantage of the automotive revolution in the areas of autonomous driving, electrification and connectivity. […]

Read more

Deliberate Differentiation – Strategic Role of IP in Making, Protecting Iconic Designs

Written by: Joshua L. Cohen This article first appeared in the July 31, 2018 edition of the Legal Intelligencer. Having just marked the centennial of the iconic Coke bottle, the time is ripe to reflect on Coca-Cola’s achievement in brand identity. With its unique design, the Coke bottle stood out among other colas and helped […]

Read more

Supreme Court Makes Waves in Ruling That Foreign Conduct Can Be Used In Determining Patent Damages And Supports WesternGeco’s $93 Million Jury Award for Lost Foreign Contracts

Written by: Christopher H. Blaszkowski Today, by 7-2 vote, the Supreme Court reversed the Federal Circuit’s determination that WesternGeco was precluded from most of a nearly $100 million jury award. The Federal Circuit had previously determined that much of that jury award (approximately $93 million dollars) was attributable to foreign conduct and, as a result, […]

Read more

Previous Entries