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In response to the economic sanctions imposed by Western countries, the Russian government has legalized intellectual property piracy against rights holders in so called “enemy countries.” The list of countries includes all members of the European Union and the...
The Department of Commerce recently filed several applications to register the United States Patent and Trademark Office’s (USPTO) trademarks in an ongoing effort to counter scam solicitations of Trademark owners. As anyone who has ever filed a federal Trademark...
Hovey Williams LLP successfully defended its client Thomson Sailors Homes and its principals in a copyright infringement action in the Western District of Missouri. In 2019, Judge Steven R. Bough granted summary judgment of no copyright infringement in a case claiming...
Assignor Estoppel is a patent law doctrine dating back to the 1870 Patent Act and first recognized by the Supreme Court in in the 1924 decision of Westinghouse Elec. & Mfg. Co. v. Formica Insulation. This doctrine prevents an inventor from assigning a patent to...
At the end of June, the U.S. Supreme Court decided United States v. Arthrex, which concerned the constitutionality of the decision power of administrative patent judges (APJs). APJs are employees of the United States Patent & Trademark Office (USPTO) that, among...
For an applicant to be granted a patent, the patent claims defining the invention must be written so as to satisfy several criteria, including novelty, non-obviousness, clarity, and definiteness. Historically, satisfying these four criteria has been the primary...
Often the biggest problem for building a business around a new idea or invention is not coming up with the initial concept but developing a strategy that enables it to flourish in the marketplace. Once an inventor has the idea, need to consider the landscape in the...
A significant change in intellectual property law took place when the Supreme Court ruled recently on a copyright infringement case. With contradictory rulings on the books in the Circuit Courts, the highest court unanimously determined that copyright infringement...
The Supreme Court of the United States settled a complex question regarding trademark rights in bankruptcy. The case, Mission Product Holdings, Inc. v. Tempnology, LLC, arose out of Tempnology filing Chapter 11 bankruptcy in 2015. The company said in light of its...
The White House issued a memorandum on April 3 warning consumers about counterfeit and pirated goods. It focused on third party web sites, marketplaces and intermediaries that traffic in counterfeit and pirated goods. These include sites such as Alibaba, eBay and...
