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Other Barks & Bites for Friday, July 30: EU Commission Enforces Compliance with Digital Single Market Copyright Rules, German High Court Rules on Lindt Chocolate Bunny Marks and Another Setback for Gil Hyatt in Suit Against USPTO
This week in Other Barks & Bites: a German high court rules that Lindt’s gold foil-wrapped chocolate bunnies have trademark protections; Federal Circuit Judge Kathleen O’Malley …
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Teaching Away, Commercial Success, and Blocking Patent Doctrines All Under the CAFC Spotlight
In The Chemours Company FC, LLC v. Daikin Industries, Ltd., Nos. 2020-1289, 2020-1290 (Fed. Cir. July 22, 2021) (“Chemours v. Daikin”), the Federal Circuit clarified three doctrines involved in …
A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy
The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as …
Senate Judiciary Committee Advances Legislation to Reduce Drug Prices, Rein in Pharma Industry Practices
Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices …
DABUS Gets Its First Patent in South Africa Under Formalities Examination
South Africa’s patent office has granted the first patent for an invention conceived by an artificial intelligence (AI) inventor, DABUS. The country does not have a …
Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign
In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a …
Woods Rogers PLC is Seeking a Patent Attorney
Woods Rogers PLC is seeking a USPTO Registered Patent Attorney to join our Intellectual Property Practice Group. Candidate must be willing to assist and take initiative with …
Carefully Connecting the Dots: Consider All the Evidence Before Launching a Trade Secret Misappropriation Attack
The job of the trial lawyer starts with figuring out what happened and collecting evidence to use in telling a compelling story to a judge or jury. …
Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research
On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate …
Second CAFC Judgeship Opens as O’Malley Retirement Announced
According to U.S. Courts and as reported by IPLaw360 earlier today, U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Kathleen O’Malley announced …
Could a Surge in Trademark Applications Delay Your Food or Beverage Business Launch?
When launching a new restaurant or food or beverage company, your plate is likely full enough. To add to the pile, this last year was no stranger …
Dority & Manning is Seeking a Patent Attorney or Agent
Dority & Manning is looking to fill in a full-time, permanent position of a Patent Attorney or Agent at its office in Greenville, SC. Dority & Manning has developed …
Updates to Olympic Charter Rule 40: Impact of Name, Image, Likeness Changes for Tokyo Games
“Name, Image, Likeness” rights, the term commonly used to designate rights covered under right of publicity law, has been a popular and trending term thus far in 2021, …
Federal Circuit: PTAB Failed to Provide Adequate Notice of Sua Sponte Claim Construction
In a precedential opinion authored by chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit today vacated and remanded six Patent Trial and …
The Washington Football Team’s Trademark Journey: Over the Bumps and Full Speed Ahead
You’ve probably heard that the U.S. Patent and Trademark Office (USPTO) has refused to register the current name of the Washington NFL franchise – “The Washington …
USPTO Implementation of Arthrex: Questions from Administrative Law, Part II—the Bigger Picture for Reform
In Part I, we looked at two of the legal principles that govern Arthrex Director review: Director review must be implemented by notice-and-comment “regulation,” not website, and …
CAFC Affirms District Court Section 101 Dismissal in Patent Infringement Suit Brought Against Samsung/Apple; Newman Dissents
On June 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s grant …
Tai Says United States Will Back India-South Africa Proposal to Waive IP Rights Under TRIPS
Bloomberg first reported today that U.S. Trade Representative Katherine Tai said that the United States will back a proposal by India and South Africa last year …
Looking Back at Soon-to-Be Chief Judge Moore’s Major CAFC Opinions
On April 21, the U.S. Court of Appeals for the Federal Circuit announced that Judge Kimberly Moore would take over the duties of Chief Judge when current …
On World Anti-Counterfeiting Day, Organizations Highlight Proliferation of Online Fakes Amid Pandemic and Offer Solutions
Yesterday was World Anti-Counterfeiting Day (though there’s not much available online to prove it). Of course, counterfeits have proliferated over the last year, as people stayed …
CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement
On May 6, the U.S. Court of Appeals for the Federal Circuit (CAFC), reversed in part, affirmed in part, vacated in part, dismissed in part, and remanded …
Federal Circuit Affirms Jury Verdict Invalidating Pacific Biosciences Patents
Yesterday, the CAFC affirmed a ruling by the U.S. District Court for the District of Delaware, where a jury found Oxford Nanopore Technologies, Inc. and Oxford …
CAFC Affirms ITC Ruling for 10X Genomics, Finding Bio-Rad Infringed
On April 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision in Bio-Rad Laboratories v. International Trade Commission & 10…
‘Holding States Accountable for Copyright Piracy’: White Paper Says Allen v. Cooper Has Put Creators and Copyright in Jeopardy
Last week, the Regulatory Transparency Project of the Federalist Society released a paper titled “Holding States Accountable for Copyright Piracy.” The paper was authored by Alden Abbott, …
IPWatchdog LIVE In Person, Conference Set for September 12-14 in Dallas, Texas
We are proud to announce that our much anticipated Conference, postponed several times due to COVID-19, will take place at the Renaissance Dallas Richardson from September 12-14, 2021. …
Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement
On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome
Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
Biden Nominee Tiffany Cunningham Tackles Tillis’ Questions on IP Issues at the CAFC
President Joe Biden’s nominee for the U.S. Court of Appeals for the Federal Circuit (CAFC), Tiffany Cunningham, yesterday submitted written responses to a series of …
EU Offers Alternative to COVID-19 IP Waiver That Supports Innovation and Addresses Supply Chain Problems
On June 4, the European Commission submitted to the World Trade Organization (WTO) its proposal for improving access to COVID-19 vaccines and treatments in countries suffering from vaccine …
USPTO Proposed Rule Outlines Process for New Ex Parte Trademark Proceedings on Nonuse and Other Changes Under Trademark Modernization Act
The United States Patent and Trademark Office (USPTO) yesterday issued a Notice of Proposed Rulemaking (NPRM) titled “Changes To Implement Provisions of the Trademark Modernization Act (TMA) …
In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters
The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
Registering your website with the Chinese government?
Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
Looking Forward: Predictions and Thoughts for 2019
Given that several industry insiders were willing to make their own predictions, I’ll go out on a limb and make my own predictions… First, I predict …
What happens when lifestyle drugs like Viagra and Cialis lose patent protections?
Each year, millions of men rely on pharmaceuticals like Viagra and Cialis for their erectile dysfunction (ED), but they may not be the only ones facing dysfunctionalities. …
The Myth of the 18-Month Delay in Publishing Patent Applications
Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
Top Patent Law Firms for 2017
We compiled a list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2017 where the …
Reflections on Taking the Patent Bar Exam
If you are reading this article beyond the title, you are either preparing to take the USPTO’s patent bar exam or you are considering whether you …
Alternate Approaches to the Valuation of Intellectual Property
Techniques for valuing intellectual property continue to develop, especially as access to information becomes easier and more efficient. The practice of valuing intellectual property has only been …
Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’
In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …
Design Patent Infringement: How to decide if you should sue
First, look at the merits of the infringement claim. They may be stronger than you think, and you can thank a 2008 ruling for that. That year, the …
Top Patent Firms for 2016
A list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2016 where the patent firms …
Beat the Odds: How to Get Your Invention Licensed
Many inventors believe the way to get a company interested in their inventions is to write a letter – and then hope they receive an invitation to begin …
Does University Patent Licensing Pay Off?
Patent licensing or creating new companies is not a get rich quick path for schools despite the occasional blockbuster invention or Google spin-out. Indeed, enriching universities is …
Comic-Con Considerations: Cosplay, the Right of Publicity, and Copyright Concerns
For as much as Comic-Con is about comics, TV, and upcoming movies, it’s not hard to see that a large portion of its allure for fans …
Bioinformatics Innovations Thrive Despite 101 Chaos
Bioinformatics is a growing interdisciplinary technological field in which computing and software resources are applied to biological data and solve biological problems. For example, bioinformatics can be …
These Are the 20 Hardest and Easiest Art Units
Art Unit 3689 has the lowest allowance rate at 7.7%. Art Unit 3659 has the highest at 98.3%. Oddly enough, these two art units are from the same technology center. It’…
Three Inventions That Made My Summers Fun
As we enter the August heat, it’s worth remembering some of the patents that have made summers more bearable through the years, for kids and adults …
The Cost of Obtaining a Patent in the US
Estimating US patent costs is a difficult matter because so much depends on the technology involved, but answering "it depends" is not particularly insightful or helpful. What …
Protecting Ideas: Can Ideas Be Protected or Patented?
Unfortunately, despite what you may have heard from late night television, satellite radio commercials or snake oil salesmen, there is no effective way to protect an idea… …
Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own patent search. This is a wise first move, but inventors need to …
The Top 5 Mistakes Inventors make with their Invention
Generally speaking the first step toward commercializing an invention and making money is typically to pursue the patent path. For those new to the industry it is …
Patent Claim Drafting 101: The Basics
When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim …
The Law of Recipes: Are Recipes Patentable?
In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
Moving from Idea to Patent – When Do You Have an Invention?
In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to …
Tricks & Tips to Describe an Invention in a Patent Application
One excellent way to make sure you are including an appropriately detailed description that treats a variety of variations and alternatives is to have many professional patent …
Provisional Patents: What are they and why do you need them?
The first thing to say is this: there is no such thing as a provisional patent. You can, however, file what is known as a provisional patent …
Getting Your Invention to Market: Licensing vs. Manufacturing
Of course, whether you are going to pursue licensing or manufacturing, for the first lesson is to realize that there are no tricks to invention marketing. It …
Protecting an Idea: Can Ideas Be Patented or Protected?
Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no …
Patent Drawings and Invention Illustrations, What do you Need?
If you are going to file a patent application you must have drawings to include in the application, but patent drawings are not the only type of "…
Patent Drawings 101: The Way to Better Patent Applications
To properly accomplish the goal of having the best disclosure possible you should also not think in terms of a single patent drawing or illustration, but rather …
Invention to Patent 101 – Everything You Need to Know to Get Started
This page and website contain contain detailed information to help inventors on the road from invention to patent... Below are a sampling of inventor help links to …
