Last 24 Hours

USPTO Seeks Comments on Discretion to Institute Trials Before the PTAB

On October 20, the United States Patent and Trademark Office (USPTO) published a “Request for Comments on Discretion To Institute Trials Before the Patent Trial and Appeal Board” …
By Rebecca Tapscott
13 hours ago 1

Will SCOTUS Tell Bad Spaniels to Roll Over?

Sometimes a dog toy is just a dog toy. Maybe that’s how Sigmund Freud would have put it; certainly, that’s the message from our client, …
By Jared Kagan & Jeremy Feigelson
17 hours ago 2

Trade Dress Considerations for Food and Beverage Products

Companies trying to compete for supermarket shelf space and consumer attention frequently turn to packaging and product designs that will stand out. If the product succeeds, one …
By Andrew Avsec
22 hours ago 0

More Recent Posts

DOJ Takes Key Step Toward Breaking Up Big Tech with Antitrust Complaint Against Google

The U.S. Department of Justice and Attorneys General from 11 U.S. states filed a complaint on Tuesday in the United States District Court for the District …
By Eileen McDermott
2 days ago 6

Patent Filings Roundup: Video Codec Wars, Gaming Industry Stung by Section 325 Discretionary Denial, Remote Surgical Robotics Suit Filed

Patent filings were down ever so slightly last week, with 30 Patent Trial and Appeal Board (PTAB) petitions filed (29 inter partes reviews [IPRs] and one post grant review […
By Jonathan Stroud
2 days ago 0

Getting a Patent: The Devastating Consequences of Not Naming All Inventors

Naming the correct inventors is critical when drafting a U.S. patent. Patents must have all inventors properly named. Deciding who is an inventor is a complicated …
By William Honaker
2 days ago 0

Trademarks are for Sellers: Banksy Store Created for Trademark Defense Fails to Protect ‘Flower Thrower’

One of street artist Banksy's most iconic images—a mural sprayed on a Jerusalem building of a protester preparing to hurl flowers—failed to win trademark approval …
By Bruce Berman
3 days ago 4

Practice Tips Following USPTO Guidance on Applicant Admitted Prior Art

On August 18, 2020, the USPTO issued a guidance memorandum on the treatment of applicant statements in the challenged patent in inter partes review (IPR) proceedings under Section 311, which …
By Benedict Hanrahan
3 days ago 6

China’s NMPA and CNIPA Propose Draft Measures on Patent Linkage for Public Comment: Implications for the Future of Innovative and Generic Drugs

The National Medical Products Administration (NMPA), in conjunction with the China National Intellectual Property Administration (CNIPA), recently solicited public comments on the draft of “Measures For the …
By Susie Cheng, Ph.D
3 days ago 0

One For The Team

Informal Drawings is a comic-strip devoted to patent attorneys, examiners, and inventors. New comics are published weekly. Prints and coffee mugs may be purchased at patentspace.net/…
By Peter Sleman
3 days ago 5

USPTO Appoints Mary Critharis Acting Chief Policy Officer and Director for International Affairs

Yesterday, the United States Patent and Trademark Office (USPTO) announced that Mary Critharis has been appointed as the USPTO’s Acting Chief Policy Officer and Director for …
By IPWatchdog
3 days ago 0

The Price of Paice and Complexity: Rules, Standards and Facts for Post-Judgment Royalty Consideration

The Supreme Court and Federal Circuit permit prevailing patentees to obtain a higher royalty rate for an infringer’s post-judgment infringing sales. But whatever the reason, district …

This Week in Washington IP: Technologies for Military Readiness, Enforcing IP Rights in China and Alternative Dispute Resolution for Copyright Small Claims

This week in Washington IP events, the House of Representatives remains quiet during its district work period. Thursday’s Senate Judiciary Committee hearing will focus mainly on …
By IPWatchdog
4 days ago 1

Federal Circuit Rejects St. Jude’s Challenge to Validity of Snyders’ Heart Valve Patent

On October 15, the United States Court of Appeals for the Federal Circuit (CAFC), in St. Jude Medical, LLC v. Snyders Heart Valve LLC, affirmed an inter partes …
By Rebecca Tapscott
4 days ago 0

Unexpectedly Active IP Legal Market Bucks Recession Trends and Boosts Outlook

At the onset of the U.S. COVID-19 pandemic in early March 2020, the legal community immediately became concerned about its economic prospects. Particularly in the intellectual property (…
By Geoffrey Lottenberg
4 days ago 0

Late-Filed Petitions Dismissed as Untimely by USPTO: No Apparent Rhyme nor Reason (Part III)

While researching the newly codified Manual of Patent Examination Procedure (MPEP) Section 706.07(b), we noticed some petitions filed more than two months after the final Office action …

CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’

On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing …
By IPWatchdog
5 days ago 0

3D Printing: Adoptability, Assurance, IP and Consumer Concerns

Conceiving of an idea and then turning that idea into an actual end-product were two distinct processes prior to the era of 3D printing. But thanks to …