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News & Updates

U.S. Supreme Court Grants Review in Bilski v. Doll

The U.S. Supreme Court has granted certiorari in the Bilski case, a challenge to the decision handed down by the Federal Circuit last October excluding pure business methods from patent protection. Additionally, the Bilski decision set some roadblocks in the…

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Tips to Avoid the Pitfalls for Madrid Protocol Trademark Applications

While the recently enacted Madrid Protocol System allows trademark owners to seek protection for their respective marks in multiple countries by filing a single application, there are some pitfalls to avoid. For large-scale coverage of your trademark in many countries,…

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PCT Online Update

Applicants of international PCT patent applications filed on or after January 1, 2009, can now view the file contents of their published applications online. Over the next couple of months, the service will begin including applications for which early publication…

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Doctrine of Foreign Equivalents

The Federal Circuit recently reversed a Trademark Trial and Appeal Board (TTAB) decision affirming an Examining Attorney’s refusal to register the mark MOSCOVSKAYA as primarily geographically deceptively misdescriptive. In Russian, MOSCOVSKAYA means “from Moscow.” The Examining Attorney relied on the…

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Family-of-Marks Argument Not Available Against Likelihood of Confusion Refusal

In a recent Trademark Trial and Appeal Board (TTAB) decision, the Applicant attempted to register the mark CYNERGY and in response received a section 2(d) likelihood of confusion refusal in light of a prior registration for SYNERGIE PEEL. In responding…

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Quicker Patents in Germany & the U.S. via Patent Prosecution Highway Program

Germany has now agreed to participate in the Patent Prosecution Highway Program (PPH). Under the PPH, an applicant receiving a favorable ruling from one nation may request that the corresponding application filed with the other nation advance out of turn…

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Tips for Obtaining and Enforcing Patents in China

There are some lesser known alternatives for protecting and enforcing patents in China that can save patent owners both time and money. For example, a utility model patent application can be a quicker and less expensive alternative for obtaining patent…

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Another Loss for the New England Patriots

The Applicant in this case filed an application for “19-0 THE PERFECT SEASON” on November 8, 2007, seeking registration on the Supplemental Register, and amended the application on April 22, 2008 to seek registration on the Principal Register. In the…

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Save Money for Design Patents Through the Hague System

The Hague System allows companies to seek international protection for industrial designs inexpensively. For example, an Applicant could save in excess of $5,800 for a design patent application filed in the European Community, Switzerland, and Turkey. However, there are a…

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Sham Invoices from Third-Party Organizations

Unfortunately, it is not uncommon for IP owners to receive phony invoices from third-party organizations. These organizations often monitor notices of acceptance of patents and trademarks in various countries and transmit official-looking, unsolicited bills to IP owners on the hope…

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C. David Emhardt Celebrates 50 Year Anniversary with Woodard, Emhardt

We would like to congratulate Dave Emhardt on his 50th Anniversary with the firm. The firm celebrated Mr. Emhardt’s anniversary with a firm-wide gathering on April 30, 2009. Mr. Emhardt began working at Lockwood, Woodard, Smith & Weikart in 1959,…

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Indiana Super Lawyers

Congratulations to Woodard, Emhardt partners Spiro Bereveskos, Thomas Henry, Daniel Lueders and John McNett for being named Super Lawyers in The Super Lawyers Corporate Counsel Edition, August 2008.

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