News

  • Licensee Retains Trademark Rights Despite Debtor-Licensor Rejection of Agreement in Bankruptcy

    May 21, 2019

    Under § 365 of the Bankruptcy Code, a debtor-licensor's "rejection" of a contract operated as a breach of the contract and not as a rescission, the Supreme Court held May 20, 2019. Mission Product Holdings Inc. v. Tempnology, LLC, US, No. 17-1657, 5/22/2019.
  • Competitor Lacks Standing to Appeal PTAB Decision

    May 21, 2019

    The United States Court of Appeals for the Federal Circuit on May 13, 2019, held that AVX Corp., a manufacturer of electronic components, did not have standing to challenge the Patent Trial and Appeal Board's (PTAB) decision not to invalidate a competitor’s patent. AVX Corp. v. Presidio Components, Inc., Fed. Cir., No. 2018-1106, 5/13/19.
  • owen-beard-722582-unsplash-400 Arthritis Pain Reliever Vimovo Invalidated

    May 16, 2019

    The United States Court of Appeals for the Federal Circuit on May 15, 2019, invalidated two of Horizon Therapeutics PLC’s patents for arthritis pain reliever drug Vimovo.
  • shutterstock_503168554-400 ‘Swagway’ Hoverboards Trademark Infringes Segway

    May 14, 2019

    The United States Court of Appeals for the Federal Circuit (Federal Circuit) on May 9, 2019, affirmed an International Trade Commission (Commission) finding that “Swagway” hoverboards infringed Segway Inc.'s trademarks. Swagway, LLC v. Int’l Trade Comm’n, Fed. Cir., No. 18-1672, 5/9/19.
  • helloquence-51716-unsplash-400 USPTO Modifies Patent Term Adjustment Procedures

    May 13, 2019

    The United States Patent and Trademark Office (USPTO) on May 9, 2019, issued a notice concerning modifying its patent term adjustment procedures in view of the decision by the US Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus).