News / Events / Publications

A Bitter Pill to Swallow? Foreign Drug Makers (and Other Foreign Brand Owners) Can Seek Cancellation of U.S. Marks Under the Lanham Act.

July 14, 2017

In a recent development testing the impact of globalism on U.S. trademark law, the U.S. Supreme Court earlier this year declined to review a ruling by the Fourth Circuit that Bayer AG, the German drug maker, had standing under the Lanham Act to sue for injury to its foreign brand, despite never having used or registered […]

Michael I. Katz

Erynn Embree

Patent Markings Important in Determining Damages

July 7, 2017

Legal notice provided by patent markings may play a major role in patent infringement cases, as it may be a primary factor in calculating damages (e.g., how much money and/or other forms of compensation are to be awarded) when a court decides that patent infringement has occurred. Legal notice can be either “actual notice” or […]

Kristian Blomquist

Federal Circuit Clarifies Definition of “On-Sale” Bar to Patentability

June 22, 2017

The Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013, and included various changes to the definition of “prior art” under 35 U.S.C. § 102. One of the changes includes a new definition of the “on-sale” bar to patentability. However, the precise meaning of the new definition remained unclear, with patent scholars speculating […]

Mikhael Mikhalev

Kevin J. Huser