Posts Tagged: USPTO


Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
5 hours ago 1

How to Get More Business When Patent Litigation Filings are Down

Lawyers often wonder how to enhance their marketability and in the process, generate more revenue or improve their image.   After all, success at a firm is about “…
By Bernard Knight
1 day ago 10

Report shows drug patents fare better in IPR proceedings at PTAB

While the Patent Trial and Appeal Board (PTAB) has not been friendly to patent owners, to put it mildly, the PTAB has not been inhospitable to pharma …
By Steve Brachmann
2 days ago 36

$17 million: The real and staggering cost to patent in the US in the PTAB age

At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, …
By Josh Malone
4 days ago 32

PTAB’s Claim Construction Regarding Means-Plus-Function Limitation Was Erroneous

The Federal Circuit vacated and remanded the Board’s finding of obviousness of certain challenged claims based on a means-plus-function limitation, affirmed the Board’s finding of …

Federal Circuit vacates PTAB final written decision that upheld some Intellectual Ventures patent claims

The Federal Circuit decision proves that there really is no end to the nightmare that patent owners face in trying to uphold the validity of their property …
By Steve Brachmann
7 days ago 15

Who Owns the Rights to the Word ‘Covfefe’?

“Filing a trademark application with the goal of claiming a right to a particular term – with nothing more – is a fundamental misunderstanding of our trademark laws,” Alston & …

Are Beyoncé and Jay Z committing fraud on the USPTO?

It appears that Beyoncé’s trademark filing activities raise the question as to whether she, through her trademark holding company, is attempting fraud on the USPTO. "Fraud" …
By Steve Brachmann
10 days ago 5

Parties Agreement to Settle Issues Does Not Extinguish Board’s Ability to Determine Patentability

However, what if the Board refuses to terminate an IPR despite a joint request by both parties based on a settlement and proceeds to a final written …
By Hyunseok Park
11 days ago 16

USPTO Seeks Vice Chief Administrative Patent Judge

The Department of Commerce and the USPTO are seeking a Vice Chief Administrative Patent Judge to fill a vacancy in one of the following locations; San Jose, …

Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
By Damian R LaPlaca
14 days ago 0

6 Core Values and 5 Emotional Intelligence Skills Leading to Sound Ethical Decisions

Core values are key to avoiding ethical violations. This is because most ethics violations are not intentional. They occur because decisions are being made based on the …
By Bernard Knight
15 days ago 4

Generic Examples of Claimed Compounds Do Not Satisfy Enablement Requirement

On June 21, 2017, In Storer v. Clark, the Federal Circuit affirmed a Patent Trial and Appeal Board’s interference decision, which awarded priority to Clark’s pending application (…

PTAB Appellants Must Pay USPTO’s Attorneys’ Fees Regardless of Outcome of Appeal

In Nantkwest v. Matal, the Federal Circuit reversed the Eastern District of Virginia’s denial of the USPTO’s request for attorneys’ fees in connection with Nantkwest’…

Why Gene Simmons Abandoned His ‘Devil Horns’ Trademark Application

Earlier this month, Kiss frontman Gene Simmons filed to trademark the "Devil Horns" hand gesture, but this unusual application was soon after abandoned. The application listed the …
By Amanda G. Ciccatelli
21 days ago 0