Posts in IPWatchdog Articles
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 …
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 …
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 …
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 …
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 …
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 …
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 (…
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 …
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 …
Other Barks & Bites for Friday, October 16: Federal Circuit Makes Claim Construction Rulings, Copyright Office Issues Section 1201 Proposed Rulemaking, China’s Legislature Discusses Enhanced Patent Protections
This week in Other Barks & Bites: the Copyright Office issues a notice of proposed rulemaking on 17 proposed classes of use to be included in the eighth triennial …
Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious
The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
PTAB Precedential Decision Nomination Form Could Lead to More Controversial Decision-Making Outside of Informal Rulemaking
In late September, Bloomberg News reported that Scott Boalick, Chief Administrative Patent Judge (APJ) at the Patent Trial and Appeal Board (PTAB), announced the introduction of a …
Third Circuit Finds Stick-Shaped Cookie Trade Dress Invalid
Last week, the United States Court of Appeals for the Third Circuit affirmed a decision of the district court that granted summary judgment to Lotte International America …
