Posts in Government


Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks

Trademarks protect distinctive marks, such as brand names, logos, and designs.  This protection allows a trademark holder to exclude others from using the mark without permission of …

Patent Office Extends After Final Consideration Pilot Program 2.0

Earlier today the United States Patent and Trademark Office (USPTO) announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) would be extended until September 30, 2019. The goal of …
By Gene Quinn
19 days ago 9

IPR Outcomes of Orange Book Patents and its Effect on Hatch-Waxman Litigation

Out of the 230 Orange Book patents challenged in IPR proceedings, 90.4% (208) of these patents were also challenged in Hatch-Waxman litigation perhaps due to the lucrative 180-day exclusivity incentive …
By Tulip Mahaseth
19 days ago 3

California Ahead of Federal Government in Cybersecurity for the Internet of Things

The bill would create a new title within California Civil Code named Security of Connected Devices. The first part of this title would require a manufacturer of …
By Steve Brachmann
19 days ago 0

Capella Photonics Challenges Federal Circuit Practice of Judgments Without Opinions

Capella Photonics, Inc. has filed a petition for certiorari arguing that the Federal Circuit’s practice of issuing judgments without opinion pursuant to Federal Circuit Rule 36 in …

Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?

JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …

Capitol Hill Roundup

This week in Capitol Hill hearings focuses solely on meetings happening at the U.S. Senate. The one hearing scheduled at the U.S. House of Representatives, …
By Steve Brachmann
21 days ago 0

CAFC Reverses Nonobviousness Ruling in IPR as Board Failed to Apply Burden-Shifting Standard

The Federal Circuit recently reversed a Patent Trial and Appeal Board (“Board”) inter partes review decision on nonobviousness, holding that the Board erred when it did not …

PTAB Upholds Kamatani Cloud Patent Challenged by Unified Patents

Last week the Patent Trial and Appeal Board (PTAB) entered a final written decision terminating an inter partes review (IPR) proceeding that had challenged a patent owned …
By Gene Quinn & Steve Brachmann
24 days ago 1

Matal v. Tam: What’s New and What to Watch in Registration of Disparaging, Immoral, and Scandalous Trademarks

Many other related issues remain ripe for consideration in Brunetti and future cases. Most significantly, are trademarks considered “commercial speech?”  If so, laws relating to trademarks might …
By Brian Iverson
24 days ago 0

Patent Office Updates the Trial Practice Guide

The Patent Office has begun a planned series of updates to the Practice Guide, with the first such update having been released in August 2018. The August 2018 Practice …

Senate Commerce Committee Holds Hearing on Transportation of Tomorrow Including Unmanned Shipping and Hyperloop Tech

One difficulty holding back the further implementation of hyperloop infrastructure is the fact that the new mode of transportation doesn’t fit neatly into existing regulatory framework. …
By Steve Brachmann
26 days ago 0

What is Director Iancu Proposing the USPTO do for §101 Analysis?

Director of the U.S. Patent and Trademark Office Andrei Iancu made some interesting remarks yesterday at the Intellectual Property Owners Association Annual Meeting in Chicago on …
By Kevin A. Rieffel
27 days ago 44

Are all U.S. Patent Claims Invalid?

Nobel Biocare Srvcs. AG v. Instradent USA, Inc. makes one wonder whether all U.S. patents are invalid, or will eventually become invalid. This case demonstrates that …
By Gene Quinn
28 days ago 28

Capitol Hill Roundup

This week is a very busy one on Capitol Hill where hearings on various subjects related to technology and innovation are concerned. The House of Representatives will …
By Steve Brachmann
28 days ago 0

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