Posts Tagged: USPTO


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
26 days ago 0

Koch linked group backs Phil Johnson as next PTO Director

Conventional wisdom in patent political circles says Iancu, but the pro-patent community has long supported Phil Johnson, although not in a particularly vocal or effective way. With …
By Gene Quinn
27 days ago 14

President Trump must pick a PTO Director who believes patents are private property rights

The Supreme Court has long stated patents are property rights, and the statute says they are to be treated as they are property rights. Taking property rights …
By Gene Quinn
27 days ago 5

What Direction Will the Incoming Director of the U.S. Patent and Trademark Office Need to Provide?

Overall, incoming USPTO leadership must have the capacity to see the “big picture” and weigh options for improving our innovation economy. Recognition that recent changes have weakened …
By Manny Schecter
28 days ago 2

Next PTO Director faces a U.S. patent system at a crossroads

It is imperative that the next PTO Director hold certain fundamental believes. At a minimum, the next Director must: (1) View issued patents as an important and valuable …
By Gene Quinn
28 days ago 10

Event planner Blue Ivy wins motion for early discovery in trademark opposition case against Beyoncé

On June 21st, however, an administrative trademark judge at the Trademark Trial and Appeal Board (TTAB) granted Blue Ivy’s motion for early discovery. The discovery is …
By Steve Brachmann
28 days ago 1

Supreme Court Rocks the Trademark Office in ‘Slants’ Case

After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …

Andrei Iancu: The man who may be the next USPTO Director

If the Washington, DC rumor mill is correct Commerce Secretary Wilbur Ross will soon announce that Andrei Iancu will be the next Under Secretary of Commerce for …

Lex Machina PTAB report highlights top petitioners, patent owners and law firms appearing in cases

Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during …
By Steve Brachmann
1 month ago 0

Apple, APJ Clements and final written decisions: a lethal cocktail for patents

When just looking at the subset of final written decisions resulting from Apple petitions where APJ Clements was on the panel, 24 final written decisions deem all claims …
By Steve Brachmann
1 month ago 9

Industry Reaction to SCOTUS First Amendment Decision in Matal v. Tam

Lauren Emerson, Baker Botts, LLP: "Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would …
By Gene Quinn & Renee C. Quinn
1 month ago 8

Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

IPR Settlements: A pyrrhic victory for patent practitioners, a loss for patent owners

Howard further explained, however, that it is a mistake to think that characterizing IPR settlements as a "win" is the only way to look at it... In …