This Week in Intellectual Property History

On July 12, 1955, The U.S. Patent and Trademark Office issued a registration for the trademark CREAMSICLE to the Joe Lowe Corporation for its brand of frozen confections on a stick.CREAMSICLE is just one of the Popsicle® family of trademarks identifying products created by Frank Epperson. According to legend, the... Continue Reading

Larry Abelman Receives Award

On May 8, 2019, México's Tequila Regulatory Council (the TRC) and the Agave-Tequila Production Network hosted a special event in Washington, D.C. to celebrate the 25th anniversary of the creation of the TRC, and the 45th anniversary of Tequila's declaration as an appellation of origin.... Continue Reading

Patent Marking Requirements and Benefits

Under the United States Patent Law, 35 U.S.C. § 287(a), damages arising from the infringement of patent claims covering a product do not begin to accrue until an infringer has notice that it is infringing. This can be distinguished from the liability arising from the infringement of claims that cover a method, which... Continue Reading

Europe Adopts New Online Copyright Rules

By a vote of 348 to 274, on March 26, 2019 the European Parliament passed a directive that requires websites to license copyrighted material posted on their websites. Each EU country now has two years to turn the directive into law. Although these laws will apply only in the EU, affected companies may choose to apply... Continue Reading

Acorda Therapeutics v. Roxane Laboratories – The Federal Circuit’s Split Decision Regarding Secondary Indicia of Non-Obviousness

On September 10th the Federal Circuit issued its ruling, 2-1, in the case of Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. upholding the judgment of the District Court of Delaware which had invalidated four of Acorda’s patents (“the Acorda Patents”) on the basis of obviousness. One of the issues on... Continue Reading