U.S. Supreme Court Ruling Eliminates “Venue Shopping” in Patent Infringement Litigation

By Richard A. Catalina, Jr. |   Jun. 5, 2017

On May 22, 2017, in an 8-0 ruling, the U.S. Supreme Court issued its opinion in TC Heartland LLC v Kraft Foods Group Brands LLC, No. 16–341, 581 U.S. ____ (2017) deciding where proper venue lies for patent infringement litigation brought against a domestic corporation.  Analyzing the historical interplay between the patent venue statute, 28 U.S.C. §1400(b), and the general venue statute, 28 U.S.C. §1391(c), the Court reversed the Court of Appeals for the Federal Circuit (the “CAFC”), holding that the patent venue statute supersedes the general jurisdiction statute for patent infringement litigation and that a domestic corporation “resides” only in its state of incorporation for purposes of that statute.  Justice Neil M. Gorsuch, recently confirmed to the Court, did not participate in the case.

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Topics : us supreme court, patent infringement litigation, patent infringement against domestic corporation, tc heartland llc, kraft foods group brands llc, patent infringement | 0 Comments Read More

Brett R. Harris Speaking on Racial Bias in Internet Search Engine Algorithms

By Brett R. Harris |   May. 12, 2017

Brett R. Harris, Business, Nonprofit and Technology Attorney and Shareholder in the firm’s Business Law team, will be a panelist on Wednesday, May 17th at a program entitled “Racism, Xenophobia, and the Algorithms: How Do the Results from Google and other Internet Search Algorithms Impact Society and the Law?”  The program will take place at the Annual Meeting and Convention of the New Jersey State Bar Association (NJSBA) in Atlantic City.  Several thousand attorneys are expected to attend the NJSBA’s three-day event.

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Topics : New Jersey State Bar Association, NJSBA presentation, presentation, New Jersey State Bar Association presentation, internet, search engine algorithms, search algorithms | 0 Comments Read More

Federal Circuit: Details of Invention Need Not be Publicly Disclosed in Sale to Invalidate Patent

By Richard A. Catalina, Jr. |   May. 8, 2017

A recently issued decision by the Court of Appeals for the Federal Circuit (the “CAFC”) construed the “on-sale” bar of Section 102 of the patent statute, 35 U.S.C. §102, as amended by the Leahy-Smith America Invents Act of 2011 (the “AIA”), to invalidate a patent in substantially the same manner as the pre-AIA amended version of that provision.  In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the CAFC held that post AIA, if the existence of the sale is public, the details of the invention need not be publicly disclosed in the terms of sale for the sale to invalidate the subject patent.  The CAFC’s decision in Helsinn dispelled the notion that the AIA’s amendment of Section 102 created a “safe harbor” for sales that did not disclose the details of the claimed invention.

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Topics : provisional patent applications, Court of Appeals for the Federal Circuit, Leahy-Smith America Invents Act of 2011, patent applications, non-provisional patent application, safe harbor, provisional patent application | 0 Comments Read More

U.S. Supreme Court Clarifies Extent Of Copyright Protection On Useful Articles

By Richard A. Catalina, Jr. |   Apr. 3, 2017

On March 22, 2017, the U.S. Supreme Court issued its decision in Star Athletica LLC v. Varsity Brands, Inc., No. 15-866 (580 U.S. ___ (2017)) wherein the Court addressed the vexing issue of “conceptual separability,” a test used to determine the extent of copyright protection to “useful articles.”  In particular, the question before the Court was whether designs on cheerleader uniforms could obtain copyright protection separate from the uniform itself, which is not copyright protectable because useful articles are not eligible for copyright registration under section 101 of the Copyright Act.  17 U.S.C. §101.

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Topics : utility patent, copyright act, Trademark, Trademark registration, star athletica llc v varity brands, star athletica llc, united states supreme court, varsity brands inc, trade dress protection, design patent coverage | 0 Comments Read More

Testing the Waters before Jumping In: Benefits of Screening Trademarks Early for Use and Potential Registration

By Brett R. Harris |   Mar. 14, 2017

Just like putting a toe into the water to decide on entering the pool, businesses often conduct “needs assessments” in their marketplace before introducing new products or services. In addition to considering the goods or services themselves, we also strongly recommend that our business clients conduct trademark due diligence before launching under a particular business name or line. The quality of the new offering may be beyond question and the business may have identified a unique niche to fill an unmet need in the marketplace, but since branding and ensuing marketing efforts are such a key part of a launch, clients will be well-served to think early about branding from a trademark perspective.

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Topics : trademarks, registering a trademark, united states patent and trademark office, USPTO, register a trademark, trademark rights, Trademark, service mark, Trademark registration, pto, Benefits of screening trademarks, Trademark due diligence | 0 Comments Read More

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