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News & Updates

Challenge to the USPTO’s Proposed Patent Rules Continues

In July, the Federal Circuit granted rehearing en banc in Tafas v. Doll regarding the USPTO’s power to implement new rules on restrictions for continuations and claim limitations.  The original appeal was taken from a summary judgment decision in favor…

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Piracy: From Swords and Cannons to a Mouse and Keyboard

How would you like to drive a Ferrari, wear the latest Gucci shoes, or perhaps own an expensive Rolex watch?  Conversely, how would you like to see copies of your own products being sold online by someone else, for a…

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Higher Standard to Prove Fraud on the Trademark Office

The Federal Circuit recently reversed a decision by the Trademark Trial and Appeal Board (TTAB) involving fraud on the Trademark Office.  The TTAB had ruled that the registrant committed fraud in renewing its trademark registration by maintaining goods in the…

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Litigation in the Digital Age of Discovery:  How to Ensure “Reasonable” Searching of Electronically Stored Information

We litigate in a digital age.  As a result, electronically stored information (ESI) is subject to discovery in a lawsuit.  Discovery demands that each side produce to the other side its information that is relevant to the suit.  These days,…

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Beta Test of New PTO Website Begins

The Patent and Trademark Office has announced that beta testing of its new website is underway.  The front page at least is a marked improvement for navigation and ease in searching for relevant information.  Check out the new site at…

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Woodard, Emhardt Attorneys Teach at Indiana Law Schools

Many of Woodard, Emhardt’s attorneys serve the Intellectual Property community in Indiana by teaching courses at Indiana law schools.  This fall, partners Charles P. Schmal and Charles R. Reeves are serving as adjunct law professors at Indiana University School of…

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The Conflict Between European Privacy Laws and U.S. Discovery Requirements

Recently adopted European data protection laws designed to protect the privacy of European employees can easily conflict with U.S. civil litigation document production requirements.  The dilemma for multinational companies can be whether to comply with U.S. court discovery obligations and…

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Kappos Named New USPTO Director

David Kappos was sworn in August 13, 2009 as the new Director of the United States Patent and Trademark Office.  Mr. Kappos intends to focus on reducing the backlog of pending patent applications and appeals at the USPTO, as well…

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Midwest Intellectual Property Symposium, Nov. 19-20, 2009

ICLEF and WEMMH are working to develop an impressive lineup of speakers for this year’s Midwest Intellectual Property Symposium, a two-day CLE event to be held at University Place Hotel and Conference Center in Indianapolis, IN. The Symposium will include…

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Litigation in the Digital Age of Discovery: How to Ensure “Reasonable” Searching of Electronically Stored Information

We litigate in a digital age. As a result, electronically stored information (ESI) is subject to discovery in a lawsuit. Discovery demands that each side produce to the other side its information that is relevant to the suit. These days,…

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The Importance of Conducting Post-Registration “Fraudits” of Trademark Registrations

The Trademark Trial and Appeal Board (TTAB) has ruled, precedentially, that the correction of a false statement regarding use of a trademark in commerce, if made before a registration has been challenged, creates a rebuttable presumption that the registrant did…

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USPTO’s Proposed Patent Rules To Be Challenged Again

On July 6, the Federal Circuit granted rehearing en banc in Tafas v. Doll regarding the USPTO’s power to implement new rules on restrictions for continuations and claim limitations.  No comment concerning the underlying opinion was given beyond announcing its…

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