Patent Law

548 ABA Journal Patent Law articles.

Dentons says $32.3M malpractice verdict was ‘simply wrong,’ and it will appeal
Dentons says it will appeal a $32.3 million malpractice verdict based on its disqualification in a patent case because of work done by its Canadian branch.
UpCounsel website for freelance lawyers shuts down after litigation opponent becomes ‘significant shareholder’

An online marketplace that links freelance lawyers with small businesses and other would-be clients has announced it is shutting down March 4. UpCounsel did not provide a reason for the decision in an announcement sent to users and posted on its website.

Afternoon Briefs: Judge tosses suit against Mueller; PTAB appointment process struck down

Judge tosses suit against Mueller

U.S. District Judge Ellen Huvelle of Washington, D.C., has tossed a lawsuit against former special counsel Robert Mueller by Jerome Corsi, a conservative author and…

‘Taco Tuesday’ too common for LeBron James to trademark, US patent office says
On Wednesday, the U.S. Patent and Trademark Office denied Los Angeles Lakers basketball player LeBron James’ attempt to trademark the phrase “Taco Tuesday.”
After ‘aloha’ restaurant dispute, Hawaii pushes to protect cultural intellectual property

“Aloha” means hello and goodbye and signifies love, compassion and kindness. Since last year, the Hawaiian word also has been legally connected to poke, a bowl of diced raw fish.

Justice Ginsburg appears ‘alert and engaged’ in arguments; is a different justice mulling retirement?

U.S. Supreme Court Justice Ruth Bader Ginsburg asked the first question during oral arguments on Tuesday—her first time on the bench since she had surgery recently for lung cancer.

Ginsburg,…

Are software patents about to make a comeback? Revised guidance may do just that

Revised rules from the U.S. Patent and Trade Office could bolster software patents.

Published in early January, the rules would affect subject matter eligibility for patents under 35…

Acting AG Whitaker backed patent marketing company even as he fielded angry complaints, papers show

Corrected: Acting Attorney General Matthew Whitaker had backed a patent marketing company as a paid advisory board member even as he fielded complaints from angry consumers who complained they had…

Apple and Samsung settle patent litigation case—finally
After seven years of litigation over smartphone design and utility patents, Apple and Samsung settled their Northern District of California infringement lawsuit Wednesday, the Mercury News reports.
A year after Supreme Court’s TC Heartland ruling, patent cases are up in Delaware and LA
The U.S. District Court for the Eastern District of Texas used to be famous as a preferred venue for plaintiffs in patent cases. But data indicates the U.S. Supreme Court put a stop to that in May of 2017 when it ruled in TC Heartland v. Kraft Food Brands Group that lawyers should use a narrow definition of “resides” when determining where venue is proper.
Federal judge requires Quinn Emanuel to prove claim about dropped witness

A federal judge in California told Quinn Emanuel lawyers on Thursday that she wanted proof of their claim about a dropped witness who had been scheduled to testify for Samsung…

Fish & Richardson offers bonuses of up to $115K for Federal Circuit clerks
Former judicial clerks from the U.S. Court of Appeals for the Federal Circuit will now receive up to $115,000 in bonuses at Fish & Richardson.
ABA urges Federal Circuit not to include attorney fees in patent case ‘expenses’
The American Bar Association is urging the U.S. Court of Appeals for the Federal Circuit not to include the government’s attorney fees when awarding “all expenses of the proceedings” to the U.S. Patent and Trademark Office.

The ABA filed an amicus brief in NantKwest v. Joseph Matal, urging the full Federal Circuit to overturn a split decision of a three-judge panel.
Rash of UPL lawsuits filed by LegalForce show its failure to compete, defendants say
Raj Abhyanker is up in arms against legal technology companies he believes are practicing law without a license.

With the growth of online services that assist people filing trademarks and patents, Abhyanker says he has seen his business suffer because “I can’t do what they’re doing, but they can do what I’m doing.”
Nonlawyers at LegalZoom performed legal work on trademark applications, UPL suit alleges
A complaint filed Tuesday in the Northern District of California alleges LegalZoom has engaged in the “unauthorized practice of law, false advertising, unfair competition and other claims with respect to preparation and filing of trademark applications" before the U.S. Patent and Trademark Office.

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