Writings by David A. Einhorn

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SAS Institute Inc v Iancu: SCOTUS Rules Inter Partes Review Proceedings Must Address All Claims

In SAS Institute Inc v Iancu, the U.S. Supreme Court ruled that when the United States Patent and Trademark Office (USPTO) conducts an inter partes review, it must decide the patentability of all challenged claims. The decision follows the Court’s prior ruling in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC upholding the validity of the entire inter partes review process.

Author: David A. Einhorn

May 31, 2018

USPTO

Supreme Court to Address International Patent Damages

The U.S. Supreme Court recently granted certiorari in WesternGeco LLC (Schlumberger) v. ION Geophysical Corp. The key question before the Court is whether lost profits incurred outside of the United States are recoverable in patent infringement cases.

Author: David A. Einhorn

April 11, 2018

NJ Gov. Murphy Follows New York Lead Bringing Net Neutrality to New Jersey

Internet Service Providers (ISPs) that conduct business with the State of New Jersey must follow the principles of net neutrality under an executive order issued by Gov. Phil Murphy. The order responds to the Federal Communication Commission’s (FCC) controversial decision to end net neutrality on the federal level.

Author: David A. Einhorn

April 2, 2018

U.S. Copyright Office Finally Embraces Electronic Signatures

The U.S. Copyright Office is finally abandoning its requirement for a handwritten, signature. The agency will now accept copyright assignments and other documents with electronic signatures for recordation.

Author: David A. Einhorn

March 23, 2018

What Businesses Need to Know About Software Copyright Registration

If your business develops proprietary computer programs, it is wise to seek federal copyright protection. Given the legal remedies that it provides, software copyright registration is relatively easy and inexpensive.

Author: David A. Einhorn

February 12, 2018

Protecting Your Businesses from Unintended Website Liability

In the Digital Age, It Is Important For Businesses To Make Sure Their Online Presence Won’t Lead To Unintended Website Liability In the digital age, even most small businesses have a website. Whether you use your website to sell products or simply advertise your services, it is important to make sure that your online presence […]

Author: David A. Einhorn

February 2, 2018

Seven Key Intellectual Property Law Developments From 2017

As The First Month of 2018 Comes To a Close, It Is Important to Note Several Key Intellectual Property Law Developments From Last Year Intellectual property disputes dominated legal headlines in 2017. It was also a particularly busy year for IP cases at the U.S. Supreme Court. Throughout last year, Scarinci Hollenbeck’s Intellectual Property and […]

Author: David A. Einhorn

February 1, 2018

Federal Circuit Opens the Door to Scandalous Trademarks

Federal Circuit Held That Bar On Registering Scandalous Trademarks is Unconstitutional The Court of Appeals for the Federal Circuit recently held that the federal bar on registering immoral or scandalous trademarks is unconstitutional. The decision follows the U.S. Supreme Court’s similar ruling with respect to “offensive” trademarks. Under the Lanham Act, the U.S. Patent and […]

Author: David A. Einhorn

January 25, 2018

Patent Filers May Suffer Sticker Shock Next Year as USPTO Hikes Patent Fees

USPTO Recently Issued Final Rule Raising Certain Patent Fees The U.S. Patent and Trademark Office (USPTO) recently issued a final rule raising certain patent fees. While many filers may have sticker shock, there is an upside — The additional fee collections should help the agency reduce its backlog, decrease wait times, and make needed technology […]

Author: David A. Einhorn

December 19, 2017

USPTO

Lessons from General Mills' Color Trademark Registration Fail

What Can We Learn From General Mills’ Color Trademark Registration Fail? The Trademark Trial and Appeal Board recently rejected General Mills’ application to register the use of the color yellow on Cheerios’ cereal boxes. The denial highlights the difficulty in obtaining federal trademark protection for the use of a specific color. History of Color Trademark […]

Author: David A. Einhorn

December 14, 2017

ICANN Frowns on the Use of the Emoji in Domain Names

Businesses May Want to Reconsider Using an Emoji in their Domain Name Businesses that were hoping to capitalize on the emoji craze by incorporating them into their domain names will have to go back to the drawing board. The Internet Corporation for Assigned Names and Numbers’ (ICANN) Security and Stability Advisory Committee (SSAC) recently published […]

Author: David A. Einhorn

November 22, 2017

Apple

Federal Circuit Further Clarifies Patent Venue Statute

Federal Circuit Recently Established New Test For Establishing Patent Venue The Court of Appeals for the Federal Circuit recently established a new test for determining whether a corporation has a “regular and established place of business” for the purposes of establishing patent venue. Prior Supreme Court Holding in TC Heartland The patent venue statute, 28 […]

Author: David A. Einhorn

November 20, 2017

New Jersey

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