Once considered a low-life act by individuals who lacked the respect to keep their community clean, graffiti is now perceived as true artwork (“aerosol art”). Not...

Colors hold more power than we often may assign to them. Whether on packaging of food in the supermarket, or the bottom of a shoe, color...

Despite the fact that the U.S. Patent and Trademark Office does not provide federal trademark registration for any products that include marijuana, it still grants the same for cannabis-related...

By John Sepulveda The United States Patent and Trademark Office (“USPTO”) and the federal district courts currently use two different standards to construe patent claims in patents and patent...

On Wednesday July 11th, Carter, DeLuca, Farrell & Schmidt, LLP sponsored a panel discussion hosted...

Carter, DeLuca, Farrell & Schmidt, LLP Partner George Likourezos will be...

Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively “Fairchild”) for infringement of U.S. Patent Nos. 6,212,079 (“the ’079 patent”) and 6,538,908 (“the ’908 patent”)...

If you haven’t yet heard the Academy-award winning song, “Let it Go” from the hit Disney movie, Frozen, odds are you may be living under a rock — one...

Copyright is a right that grants the creator of a work exclusive rights to its use and distribution. And although ownership vests immediately in the creator of an...

In the much talked about decision in Williams v. Gaye, the focus was on whether Marvin Gaye’s 1976 hit, “Got to Give it Up” was infringed upon by the...

The U.S. has proposed intended tariffs by the way of more than $150 million in Chinese products in response to the U.S.’s belief that China has been unfairly accessing...

Post-grant proceedings can be initiated both by patent owners and those challenging the validity of specific current patents. When a post-grant proceeding is used to question the validity...

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a system for the resolution of disputes regarding the registration of internet domain names. The UDRP was established by the Internet Corporation...

Early in the baseball season last year, major league pitchers appeared to have lost a bit of velocity. As it turns out, Major League Baseball had started using...

The Tax Cuts and Jobs Act recently signed into law could have a significant impact on transactions involving the transfer of patent rights. Sales of the intellectual property… Read...

Infringing on a trademark can be costly as the responsible parties must typically pay damages to the trademark owner. Additionally, they will be forced to change their name,...

CDFS Partner George Likourezos attended the Capital Group Private Client Services luncheon titled Artificial Intelligence: What It Is, How It Affects You and Why It Has Dramatically Changed the...

Carter, DeLuca, Farrell & Schmidt, LLP Partner Raymond Farrell traveled to Japan twice in the month of February to attend two separate separate groups of high level patent...

If you are involved in an intellectual property dispute, litigation in the federal court system may become inevitable. In fact, thousands of intellectual property lawsuits involving patents, trademarks...

A patent confers upon its owner the exclusive right to prevent others from making, selling, or using the subject of the patent. In the United States, patents are...

Carter, DeLuca, Farrell & Schmidt, LLP is pleased to announce the elevation to partnership of Jason Scher. Mr. Scher has been instrumental in the ongoing development of the firm and...

The Tax Cuts and Jobs Act recently signed into law could have a significant impact on transactions involving the transfer of patent rights.  Sales of the intellectual property...

Congratulations to Carter, DeLuca, Farrell & Schmidt LLP Partner Raymond Farrell for being honored at this year’s LISTnet 2017 LISA Awards. Click here to learn more about LISTnet <a href="http://www.listnet.org/"...

In September, the Court of Appeals for the Federal Circuit (CAFC) ordered the Patent Trial and Appeal Board (PTAB) to review its rulings regarding power converter patents held...

Patents, trademarks, and copyrights are often confused as being interchangeable, as all constitute types of intellectual property. However, each of the aforementioned forms of intellectual property affords the owner...

The drugmaker Allergan recently announced that it had transferred six patents on it best-selling eye drug, RESTASIS, to the St. Regis Mohawk Tribe in northern New York in...

What is the proper venue to bring a patent infringement lawsuit? The Supreme Court’s highly anticipated ruling in TC Heartland LLC. V. Kraft Foods Group Brands LLC has effectively reversed...

Do public sales constitute prior art even without disclosing the invention? On May 1, a ruling by the U.S. Court of Appeals for the Federal Circuit clarified the scope of...

CDFS Partner Carmella Stephens, Ph.D. was listed as one of this...

What is a trademark cancellation proceeding? The United States Patent and Trademark Office (USPTO) recently proposed streamlining the procedures to eliminate registrations for marks that are not in use. According...

To commemorate International Woman’s Day in March, State Street Global Advisors commissioned Kristen Visbal’s “Fearless Girl” statue and obtained a permit from New York City to place it in...

What is the status of the CRISPR patent dispute? In February, this blog reported that the Patent Trial and Appeals Board (PTAB) ruled there was no interference in patents...

What is a trademark opposition proceeding? Nike Inc. is opposing a trademark registration by New England Patriots’ tight end Rob Gronkowski.  In April 2016, Gronk Nation LLC filed a trademark...

In the contemporary marketplace, innovation is essential for a business to maintain a competitive advantage in the marketplace. For this reason, companies are well advised to secure patent...

On March 21, 2017, the U.S. Supreme Court ruled that laches, an equitable doctrine that bars lawsuits after unreasonable delays, cannot be used as a defense in patent infringement...

Under what conditions can a scent be trademarked? Last month, toymaker Hasbro, Inc. filed an application to trademark the scent of PLAY-DOH. Under the Trademark Act, a scent cannot be...

In December 2016, the United States Supreme Court agreed to hear arguments in TC Heartland v. Kraft Food Group Brands, a case that centers on patent litigation forum shopping....

Originally published in the New York Intellectual Property Law Association’s December 2016- January 2017  edition of  The Report.  https://www.nyipla.org/nyipla/TheReport.asp By William Valet* Claim construction is a seemingly simple proposition that...

What are the potential applications of gene-editing technology? In December 2016, this blog reported on an interference proceeding before the Patent Trial and Appeals Board (PTAB) regarding a dispute...

In January, the Federal Trade Commission (FTC) filed a lawsuit against Qualcomm Inc. over its practices for licensing cellular patents to smartphone makers. The company is a leading supplier...

How will innovations in medical technology shape healthcare? Recent advances in medical technology have paved the way for minimally invasive surgeries to treat an array of serious conditions. Spurred...

What are the latest technological developments in the electronics sector? A recent study in the journal Nature Materials reports that scientists at Stamford University and the Department of Energy’s...

How many biosimilars are approved in the United States? The U.S. Supreme Court recently announced that it will review the Amgen v. Sandoz case, a dispute over a Federal Circuit...

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What steps if the federal government taking to protect intellectual property? In December, the Obama administration released a three-year plan for the protection of intellectual property. The U.S. Joint Strategic...

How has the American Invents Act shaped patent law? Since the America Invents Act became law a little over five years ago, there have been tectonic shifts in the patent...

What is at stake in the CRISPR patent dispute? The Patent Trial and Appeal Board is weighing claims over who invented CRISPR (clustered regularly interspaced short palindromic repeats) gene-editing technology, arguably...

How can my startup protect its innovative products? Launching a new business can be exciting, especially for those that are introducing new products to the marketplace. While many entrepreneurs focus...

How do copyright rules shape my digital marketing strategy? Today, as more businesses engage in digital marketing campaigns through the use of multiple social media platforms, it is important to...

How should patent examiners apply the Federal Circuit Court decisions in McRo and Bascam? As we have previously written, a string of Federal Circuit Court cases have established a...

How will the United Kingdom’s decision to leave the EU affect intellectual property rights? The far reaching effects of the United Kingdom’s vote to leave the EU remain to be...

Do intellectual property rights promote economic growth in the U.S? In October, the U.S. Department of Commerce issued a report demonstrating that intellectual property promotes economic growth. The study, an...

By: William Valet The transitional phrases “comprising” and “consisting of” are well defined terms of art in Patent Law; the former being inclusive and the latter being exclusive.<a href="#_ftn1"...

By: David Hubbard Challenge Could Threaten International Price Discrimination and Conditional Sale Business Models A petition for certiorari currently awaits decision before the Supreme Court in...

CARTER, DELUCA, FARRELL & SCHMIDT, LLP PARTNER RAY FARRELL ATTENDS US BAR-JPO COUNCIL MEETING AS INCOMING CHAIR As the new Chair and outgoing Vice Chair of the US Bar-Japanese Patent Office (JPO) Liaison...

 Doing Business Globally? Protect Your Trademark Overseas. Read this informative Newsday article that features Carter, DeLuca, Farrell & Schmidt, LLP partner Pina Campagna. Read the full...

Carter DeLuca is extremely proud to sponsor the Huntington High School Robotics Team 5016, winners of the NYC regional robotics competition. The win qualified them for the FIRST(For Inspiration...

We are very proud of Carter, DeLuca, Farrell & Schmidt, LLP attorney, Cindy Huang, who was honored at the Long Island Business News Diversity in Business Awards for...

Kick-off Event Held on April 5, 2016 Melville, NY – April 12, 2016 – Carter, DeLuca, Farrell & Schmidt (“CDFS”) LLP was a major sponsor at last week’s event hosted...

By: Jan Lucas In the latest word from the Federal Circuit on the effect of Alice on method claims, the Federal Circuit in In re...

By: Stephen DiLorenzo No rehearing of In re Cuozzo Speed Technologies, LLC will occur as the petition for rehearing en banc in In re Cuozzo, the first Federal Circuit...

By: Joseph O. McPartland Last month, on May 19, 2015, after a notice and comment process yielded some thirty seven sets of comments from...

By: David Hubbard A former employee sues company for patent infringement.  This is the scenario that led to Beriont v. GTE Laboratories,...

By: Stephen DiLorenzo The recently issued Federal Circuit opinion in In re Cuozzo Speed Technologies, LLC, No. 2014-1301, was the first Federal Circuit opinion from an appeal of an...

  The United States Patent and Trademark Office remains open despite the general government shutdown that began October 1, 2013.  Using prior year reserve fee collections...

Vadim Vapnyar, Note, “Moseley v. V Secret Catalogue, Redefining the Scope of the Federal Trademark Dilution Act,” 77 St. John’s L. Rev. (2003). M. A. Walters, V. Vapnyar, et al.,...

“Bilski v. Kappos, Mayo v. Prometheus, and CLS Bank v. Alice Corp.: The Death of the Machine-or Transformation Test and the Effects on Software Patent Prosecution,” Touro Law Review,...

“When Trade Dress Protection May Not Be Enough,” Journal of the Patent and Trademark Office Society (JPTOS), June 1998 “American Indians Seek Cancellation of the Trademarked Term ‘Redskins’,” JPTOS, April...

Carter, DeLuca, Farrell & Schmidt, LLP is pleased to announce that Seth M. Cannon, Pina M. Campagna & Vadim Vapnyar have become partners of the firm. Congratulations to all!

The USPTO is entirely funded by user fees, but it has often not been able to keep all of that money. Many times in the past, Congress has shifted...

House Judiciary Committee Chairman Bob Goodlatte recently released a second discussion draft of legislation aimed at preventing abusive patent troll litigation.  The new draft includes inter alia, heightened pleading requirements, fee...

The United States Patent and Trademark Office remains open despite the general government shutdown that began October 1, 2013.  Using prior year reserve fee collections to operate, the...

Victoria Espinel, the White House’s first Intellectual Property Enforcement Coordinator, has stepped down from that position, sometimes referred to as the “IP Czar”.   Espinel, a former professor...

On August 1, 2013, the Senate unanimously confirmed the nomination of Raymond T. Chen to serve as a United States Circuit Judge of the United States Court of Appeals...

Rep. Allyson Schwartz, D-Pa., recently introduced H.R. 2605 (the Manufacturing Innovation in America Act) which calls for lowering the corporate tax rate from 35 percent to 10 percent on...

Pina Campagna of Carter, DeLuca, Farrell & Schmidt, LLP served as co-moderator for the NYIPLA 2013 Half-Day Trademark CLE seminar held at the Princeton Club on July 17, 2013. ...

The US Patent Office has announced that Chinese patent documents can now be searched in English or the Chinese language using the Global Patent Search Network (GPSN), a...

The Federal Circuit recently tackled Dey, L.P v. Sunovion Pharm., Inc., No. 2012-1428 (Fed. Cir. 2013), which presented an unusual twist regarding the ever-familiar public use bar codified in...