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The name of a patented article that comes to generically describe that article falls into the public domain upon expiration of the patent; but, it amounts to unfair competition when other parties mislead the public by suggesting that its product is manufactured by the patenting company. Saxlehener v. Eisner & Mendelson Co. 179 U.S. 19 1900
Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. An incomplete list of United States Supreme Court patent case law can be found here.
In attempting to balance these interests, the Court held that a patent is sufficiently definite when the patent taken as a whole, which includes the patent application, the U.S. Patent and Trademark Office's response, and any amendments made by the applicant, informs those learned in the relevant field of the scope of the invention with ...
Patent and Trademark Office v. Booking.com B. V., 591 U.S. ___ (2020), was a United States Supreme Court case dealing with the trademarkability of a generic terms appended with a top-level domain (TLD) specifier (in this case "Booking.com"). The Court ruled that such names can be trademarked unless the existing combination of term and TLD is ...
Patent Application Information Retrieval (PAIR) is an online service provided by the United States Patent and Trademark Office to allow users to see the prosecution histories of United States patents and patent applications and obtain copies of documents filed therein. There are two services: Public PAIR, which allows the general public to ...
List of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office; List of decisions of the EPO Boards of Appeal relating to Article 52(2) and (3) EPC; List of UK judgments relating to excluded subject matter; List of United States patent law cases; List of trademark case law; List of copyright case law
TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), was a United States Supreme Court case concerning the venue in patent infringement lawsuits. [1]While a 1957 Supreme Court ruling had determined that patent infringement cases were to be tried in the state within which the defendant was incorporated, subsequent changes to Judiciary and Judicial Procedure implemented by ...
The case was decided in favor of MedImmune, and the United States Patent and Trademark Office (USPTO) declared the patent invalid. Genentech appealed the USPTO the ruling and the patent remained valid and enforceable until the appeal was concluded. Genentech prevailed during the reexamination of Cabilly II(2) by the USPTO (1).
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