The Lanham Act is the U.S. federal codification of trademark law.[1] For decades, Section 1052(a) of the Lanham Act enabled the USPTO to refuse to register a trademark that “consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead…” These prohibitions [...]
Marbury Law is ranked #189 of 722 patent firms. The Harrity Analytics Team compiled a list of the top patent law firms based upon the number of U.S. utility patents issued in 2018 where a minimum of 50 utility patents was obtained by the firm. Marbury obtained 341 patents for its clients in 2018. https://harrityllp.com/services/patent-analytics/top-patent-firms-2018/
Marbury Co-Managing Partner Shauna Wertheim and Associate Attorney Tim Johnson attended the 2019 INTA Annual Meeting in Boston, MA. The INTA Annual Meeting provides an opportunity for brand owners, in-house counsel, outside counsel, government officials, academics, and other IP professionals to participate together in educational and networking experiences.
Marbury senior counsel David Hyams joined Sansoro Health’s 4x4 Health Podcast to speak about intellectual property issues faced by entrepreneurs and investors. The 4x4 Health Podcast is hosted by David Levin, MD, the Chief Medical Officer of Sansoro Health, and focuses on fostering discussion around the major issues and advances shaping healthcare and health IT [...]
Inter Partes Reviews (IPRs) are becoming ever more popular avenues for challenging issued patents. While IPRs have the benefits of being quicker and potentially cheaper than a district court litigation, one potential drawback is the estoppel provision of 35 U.S.C. § 315(e)(1) which limits the petitioner from reasserting invalidity grounds in a district court or [...]
Marbury senior counsel David Hyams was quoted in the news this week on emerging healthcare technology. Mr. Hyams spoke with FierceHealthcare about recently published patent applications made by Apple and what they may imply about the technology company’s possible moves into the electronic health records space. “Apple’s thinking could be to provide all of your [...]
If a product sells successfully, it is only a matter of time before a competitor copies the design of the product and begins selling a competing version. If the copying is exact, design patents and copyrights on the original design can provide a fairly straight forward avenue for stopping the copying competitor. However, if the [...]
The Federal Circuit has provided further clarification to the troublingly unclear “abstract idea” concept originally articulated by the US Supreme Court. According to the Supreme Court, patent protection does not extend to the patent ineligible concepts of laws of nature, natural phenomena, and abstract ideas, which are “building blocks of human ingenuity...We must therefore distinguish [...]
As Marbury passes its quarter-century anniversary, we thank you, all of our clients, for the privilege of working with you to protect your intellectual property and brands. We are grateful to be a part of the innovations of your companies, and look forward to supporting your future successes.
A Big Win For Enforcing Copyright In China It can seem daunting for US companies to enforce intellectual property rights in China, but one US company, Electro-Harmonix Co. ("EHX"), just had a big win against software pirates in China. EHX makes high-end music equipment, and their software for various guitar effects pedals was being copied [...]
