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Texas to Change Trademark Laws in September 2012

On September 1, 2012, a new set of Texas trademark laws will officially take effect. These new laws, known as H.B.3141, are meant to bring Texas trademark law further into line with federal trademark law, which currently runs under the … Continue reading

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USPTO Increases Proposed Fees

The USPTO has published a set of proposed fee increases which will affect both small and large entities which use their services. Proponents within the IP community believe that the fee increases are necessary in order to shorten waiting times … Continue reading

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Solicitations vs. Official USPTO Documents

Some of our clients have received “official-looking” requests for payment with regard to their trademark registrations, from a United States Trademark Registration Office. These requests for payment are solicitations from a third-party service, and are not official fees required by … Continue reading

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‘America Invents Act’ Will Dramatically Change Patent Law

On September 6, the United States Senate began consideration of the America Invents Act. So far, it seems very likely that this consideration will end with approval of the Act, as President Obama has already indicated that he will sign … Continue reading

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Court Takes Eon-Net to Task in Exceptional Case Finding

Regarding Eon-Net LP v. Flagstar Bancorp (Fed. Cir. 2011): the court found patentee Eon-Net to be guilty of misconduct in its recent filing against Flagstar Bancorp. The court found this case to be an exceptional case, as per 35 U.S.C. … Continue reading

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‘Inequitable Conduct’ is Now a More Difficult Defense to Prove

In the recent decision of Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011) (en banc), the Federal Circuit court raised the standards for proving an ‘inequitable conduct’ defense. The court seems to hope that this decision will discourage … Continue reading

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Calculation of Damages in Cases Involving False Marking

Cases which involve advertisements as false patent markings reach a thorny issue when those involved must determine fair monetary damages.  The courts have addressed this issue differently at different times, but most involved seem to agree that the law as-written … Continue reading

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