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Writings by David A. Einhorn

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Congress Unveils Draft Patent Eligibility Legislation post image

Congress Unveils Draft Patent Eligibility Legislation

A Bipartisan Group of Lawmakers Recently Introduced Draft Patent Eligibility Legislation On May 22, 2019, a bipartisan group of lawmakers introduced draft patent eligibility legislation. Among other changes, the bill would remove the judicial exceptions to patent eligibility. Patent eligibility reform is a hot topic.  The U.S. Patent and Trademark Office (USPTO) issued revised guidance […]

Author: David A. Einhorn

Link to post with title - "Congress Unveils Draft Patent Eligibility Legislation"
SCOTUS Rules Trademark Licensee Rights Survive Bankruptcy Rejection post image

SCOTUS Rules Trademark Licensee Rights Survive Bankruptcy Rejection

The U.S. Supreme Court Recently Clarified What Happens to a Trademark Licensee’s Rights When a Bankruptcy Debtor Rejects a License Agreement During Chapter 11 Proceedings In Mission Product Holdings, Inc. v. Tempnology LLC, 587 U. S. ____ (2019), the U.S. Supreme Court clarified what happens to the rights of a trademark licensee when a bankruptcy debtor rejects […]

Author: David A. Einhorn

Link to post with title - "SCOTUS Rules Trademark Licensee Rights Survive Bankruptcy Rejection"
What is the Statute of Limitations for Trade Secret Misappropriation? post image

What is the Statute of Limitations for Trade Secret Misappropriation?

When Does the Breach of an NDA Trigger the Statute of Limitations for Trade Secret Misappropriation? Businesses often require employers, vendors, and potential business partners to execute non-disclosure agreements (NDAs), as a means to safeguard trade secrets and other proprietary information. In many cases, NDAs require the party who received confidential information to return it […]

Author: David A. Einhorn

Link to post with title - "What is the Statute of Limitations for Trade Secret Misappropriation?"
Supreme Court Strikes Down Ban on Scandalous Trademarks post image

Supreme Court Strikes Down Ban on Scandalous Trademarks

The U.S. Supreme Court Has Struck Down the Lanham Act’s Ban on the Federal Registration of Immoral or Scandalous Trademarks in Iancu v Brunetti (2019) The U.S. Supreme Court has struck down the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks. By a split decision of 6-3, the justices held in […]

Author: David A. Einhorn

Link to post with title - "Supreme Court Strikes Down Ban on Scandalous Trademarks"
Brexit Uncertainty Leading to IP Challenges post image

Brexit Uncertainty Leading to IP Challenges

The UK is Preparing for the Possibility of a No-Deal Brexit and has Issued Guidance Regarding How Intellectual Property Rights may be Impacted It is unclear when the United Kingdom will leave the European Union, as European leaders recently extended the Brexit deadline to October 31, 2019. The UK also retained the option to leave […]

Author: David A. Einhorn

Link to post with title - "Brexit Uncertainty Leading to IP Challenges"
Beer Company Files False Advertising Lawsuit Under Lanham Act post image

Beer Company Files False Advertising Lawsuit Under Lanham Act

Battle of the Beers – Competitors Facing Off in False Advertising Suit Under the Lanham Act Although the Lanham Act is more commonly known as a trademark statute, businesses can also rely on it pursue claims against competitors for misleading advertising or labeling. MillerCoors, LLC (MillerCoors) recently made headlines when it filed a lawsuit against […]

Author: David A. Einhorn

Link to post with title - "Beer Company Files False Advertising Lawsuit Under Lanham Act"
SCOTUS Clarifies Scope of On-Sale Bar post image

SCOTUS Clarifies Scope of On-Sale Bar

The U.S. Supreme Court Recently Clarified the Scope of the On-Sale Bar Ruling That Secret Sales Can Invalidate Patent The on-sale bar, a long-standing principle of U.S. patent law, provides that an invention is ineligible for patent protection if it has been offered for sale for over one year prior to the patent filing. In Helsinn Healthcare […]

Author: David A. Einhorn

Link to post with title - "SCOTUS Clarifies Scope of On-Sale Bar"
Supreme Court Debates Whether to Strike Down Scandalous Trademark Ban post image

Supreme Court Debates Whether to Strike Down Scandalous Trademark Ban

SCOTUS Recently Heard Oral Arguments in Iancu v. Brunetti, a Case Centering Around the USPTO’s Refusal to Register a Scandalous Trademark The U.S. Supreme Court recently heard oral arguments in Iancu v. Brunetti, which centers on the U.S. Patent and Trademark Office’s refusal to register the mark “FUCT” under the statutory ban on immoral or […]

Author: David A. Einhorn

Link to post with title - "Supreme Court Debates Whether to Strike Down Scandalous Trademark Ban"
T-Shirt Vendor Strikes Out! No Trademark Protection for Hashtag post image

T-Shirt Vendor Strikes Out! No Trademark Protection for Hashtag

The Trademark Trial and Appeals Board Recently Made a Decision Regarding Trademark Protection for a Hashtag After the Chicago Cubs won the World Series in 2016 and ended a 108-year championship drought, Grant DePorter, CEO of Harry Caray’s Restaurant Group, started using the hashtag #MagicNumber108 on social media and eventually began selling t-shirts featuring the hashtag. […]

Author: David A. Einhorn

Link to post with title - "T-Shirt Vendor Strikes Out! No Trademark Protection for Hashtag"
Key Takeaways from the U.S. Chamber’s Latest International IP Index post image

Key Takeaways from the U.S. Chamber’s Latest International IP Index

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) Recently Released its International IP Index The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) recently released its International IP Index. The annual report evaluates the intellectual property (IP) environments of 50 world economies and ranks them based on 40 different indicators. The indicators are divided into eight categories […]

Author: David A. Einhorn

Link to post with title - "Key Takeaways from the U.S. Chamber’s Latest International IP Index"
Local theater faces stiff fines for copyright infringement post image

Local theater faces stiff fines for copyright infringement

Producing a Play Without Obtaining Permission From Copyright Holders Can Result in Significant Legal Penalties… Producing a play without obtaining permission from copyright holders can result in significant legal penalties. In a recent copyright suit, Music Theatre International (MTI), which licenses musicals, was awarded $450,000 plus attorney’s fees by the United States District Court for […]

Author: David A. Einhorn

Link to post with title - "Local theater faces stiff fines for copyright infringement"
USPTO Issues Revised Patent Subject Matter Eligibility Guidance post image

USPTO Issues Revised Patent Subject Matter Eligibility Guidance

The U.S. Patent and Trademark Office Is Working to Clarify Patent Subject Matter Eligibility Guidance The U.S. Patent and Trademark Office (USPTO) is working to clarify when inventions are eligible for patent protection. Early last month, the agency published revised guidance for subject matter eligibility under 35 U.S.C. § 101. “These guidance documents aim to […]

Author: David A. Einhorn

Link to post with title - "USPTO Issues Revised Patent Subject Matter Eligibility Guidance"

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