Hovey Williams, LLP

Where Ingenuity Thrives

Patents, Trademarks, and All Things IP

Hovey Williams Ingenuity Update

Summer 2008
Volume 1, Number 1

Protecting Patent Rights from Exhaustion: Supreme Court Decides Quanta v. LG
By Brandon J. Warner
Protecting Patent Rights from Exhaustion: Supreme Court Decides Quanta v. LG

Hovey Williams has always stressed the importance of well-drafted license agreements, especially in view of the doctrine of patent exhaustion.  The United States Supreme Court’s recent ruling in Quanta Computers, Inc. v. LG Electronics, Inc. reinforces the significance of protecting patent rights through contract law.

Court Orders Purchase of “Negative Keyword” as Part of Remedy Court Orders Purchase of “Negative Keyword” as Part of Remedy
By Mike Elbein

A federal judge in the United States District Court for the Middle District of Florida has ordered a defendant not only to cease all use of the plaintiff’s trademark and refrain from buying Internet keywords that contain the mark, but also to purchase the mark as a “negative keyword.” This case comes amid conflicting decisions by courts around the country as to whether the purchase of another’s mark as a keyword is an act sufficient to constitute trademark infringement.

ALERT: New Rules for Appeals to BPAI
ALERT: New Rules for Appeals to BPAI

On Tuesday, July 10, 2008, the U.S. Patent and Trademark Office published new Final Rules regarding the Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals.

False Marking: Preserving your patent rights may be costly if your products are marked incorrectly False Marking: Preserving your patent rights may be costly if your products are marked incorrectly
By Matthew Walters

A developing body of case law may expose your business or your client’s business to liability for inappropriately marking products.

Intellectual Property Issue Spotting
By Crissa Cook
Intellectual Property Issue Spotting

In 2007, over 450,000 utility patent applications were filed in the United States Patent and Trademark Office (USPTO), with almost half of those applications originating from foreign countries. Nearly 400,000 new trademark applications were filed, and over 150,000 new trademarks were registered. Over the past ten years, utility patent filings have increased over 111%, while trademark filings increased 75%. What this means is that businesses small and large are…

Did You Know? Recent Developments from Hovey Williams Did You Know? Recent Developments from Hovey Williams

Through our efforts to provide exceptional client service and keep you current on our recent firm activities, we are providing this section with the latest news and recent developments from Hovey Williams. Here you will find valuable information about changes to the firm’s policies and procedures, recent firm additions and other news that may be of interest to you.