The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute “immoral” or “scandalous” matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the ramifications of these decisions and preview two additional trademark cases the Court will hear next session.
Category Archives: Intellectual Property
Jones Day’s Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the Precedential Opinion Panel (“POP”) introduced late last year.
They also describe how filing strategies, as well as preliminary response strategies, should be altered as we mark one year since the U.S. Supreme Court’s landmark decision in SAS Institute v. Iancu.
In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on how costs are measured in copyright litigation. Jones Day’s Jessica Bradley, Anna Raimer, and Meredith Wilkes explain the implications for copyright holders, applicants, and litigants. They also talk about what’s ahead for the Firm’s “Women in IP” initiative.
Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining to PTAB litigation must be reconsidered.
Mr. Hendershot and Mr. Johnson clarify the importance of tight coordination between trial and PTAB counsel, fully developing noninfringement positions early, tailoring a PTAB petition to the claims and grounds truly at issue, and more in this Jones Day Talks podcast.
Section 101 of the U.S. Patent Act─which identifies four categories of inventions or discoveries that are eligible for patent protection─presents a number of challenges to companies working on innovations in the life sciences space. Jones Day’s Patricia Campbell and Susan Gerber, who recently coauthored an article on this topic for The Intellectual Property Strategist, are joined by Meredith Wilkes in this edition of Jones Day Talks Intellectual Property. They discuss Section 101 and life sciences, and talk about what’s coming up for Jones Day’s Women in IP initiative.
In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner.
In a Supreme Court matter argued on behalf of software developer SAS Institute Inc., Jones Day successfully challenged part of how the U.S. Patent Office’s Patent Trial and Appeals Board conducts its inter partes review proceedings. But that’s just half the story. Jones Day partners Greg Castanias, Dave Cochran, and John Marlott explain why the Supreme Court’s decision has significant implications for cases involving government agency overreach.
The “monkey selfie” matter raises intriguing questions regarding the current state of U.S. copyright laws. Courts have ruled that a non-human can’t be granted copyright protection, but then what are the implications for works created via artificial intelligence? Jones Day partners Meredith Wilkes and Emily Tait discuss the aftermath of Naruto v. Slater and explain how companies can guard and protect their creative work.