HRFM is proud to congratulate Alana M. Fuierer, Esq., a partner and leader of the firm’s Western New York office in Rochester, for being honored by recognition in the Rochester Business Journal and Rochester Daily Record’s Power 50 Law list! The honor, rightly bestowed on Alana…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent jury trial signals a possible important turning point in trademark holders’ ability to police others’ use of their marks even if such use is not necessarily use “as a trademark” per se. The Federal District Court for the Middle District of Pennsylvania…
HRFM is proud to be a sponsor of the 2025 New York State Innovation Summit to be held in Rochester, New York, on October 29th and 30th. We are committed to supporting innovation and intellectual property in New York. Come visit us at the Summit, Table #118! #NYInnovationSummit #HRFM #IPInnovation #LawAndInnovation #NYtech
By: Morgan J. Sholtis and Teige P. Sheehan, Esq., Ph.D. A recent federal appeals court decision involving Walmart and designer Roxana Russell has created important new guidelines for how online marketplaces handle third-party sellers, with significant implications for businesses operating in the digital marketplace. The case offers crucial insights for creators of copyrightable works and…
By: Christina E. Brule, Ph.D., Esq. The Copyright Claims Board (the “CCB”) was created in 2020 by the Copyright Alternative in Small Claims Enforcement Act (the “CASE Act”), which was meant to strengthen copyright protection and thereby strengthen the economy, to which creators contribute greatly and yet often find themselves struggling to enforce their rights…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent decision from the Federal Circuit Court of Appeals is another reminder for patent applicants of the ease by which description of a technology in a prior publication can prevent the grant of a patent on a subsequent application. Importantly, this is true even if…
In In re Cellect, the Court of Appeals for the Federal Circuit held that an award of patent term adjustment (PTA), extending the term of a patent by delaying its expiration to compensate a patentee for U.S. Patent and Trademark Office delays during examination, can render the patent invalid for obviousness-type double patenting (ODP), even…
By: Joe T. Schuler, Esq. and Teige P. Sheehan, Ph.D. The Court of Appeals for the Federal Circuit recently handed down what is likely to be the first among many decisions shaping the patentability issues surrounding artificial intelligence. In Recentive Analytics v. Fox, the Federal Circuit leaned on existing law applicable to eligibility of software…
By: Emily M. Fraser In an amended compliant filed on May 23, Israeli health tech company CardiacSense Ltd. (hereinafter, “CardiacSense”) defended the patent eligibility of its wearable tracker patent, advancing its ongoing legal action against Garmin International Inc. (hereinafter, “Garmin”). The amended compliant follows patent litigation first initiated on May 22, 2024, in which CardiacSense…
By: Thomas L. Sica Trade dress is a tricky form of intellectual property. By law, it is functionally the same as a trademark, but more difficult to establish. Unlike trademarks which typically consist of words, phrases and/or logos, trade dress consists of elements that do not inherently identify source, such as the total image and…