Posts in IPWatchdog Articles


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. …
By James Pooley
9 hours ago 0

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On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate …
By Steve Brachmann
12 hours ago 0

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 …
By IPWatchdog
14 hours ago 7

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 …
By Natasha Shabani
18 hours ago 0

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, …
By Katie Allgood
1 day ago 0

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 …
By Eileen McDermott
2 days ago 2

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 …
By Marsha Gentner
2 days ago 3

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 …
By M. David Hoyle
2 days ago 7

This Week in Washington IP: Energizing Technology Transfer, Case Studies in International Offshore Wind Innovation and Celebrating 75 Years of the Lanham Act

This week in Washington IP news, the Senate Judiciary Committee will consider a series of bills that could limit pharmaceutical patent owners’ ability to enforce their patents …
By IPWatchdog
3 days ago 1

USPTO Petition Process: Who Should Pay for the Burden of Inordinate Delays and ‘Mistakes’?

In our last article, Part VI, we reported significant Technology Center (TC)-to-TC variation at the U.S. Patent and Trademark Office (USPTO) in pendency and grant …

‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

Artificial intelligence (AI) is everywhere, touching nearly every aspect of our daily lives, including how we work, communicate, shop, travel and more. The term “AI” is generally …

Thoughts on Tiffany Cunningham’s Confirmation to the CAFC

Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
By Eileen McDermott
5 days ago 14

Other Barks & Bites for Friday, July 23: FTC to Enforce Antitrust Laws Against Repair Restrictions, USPTO Updates Arthrex Guidance, and FAIR Contributions Act Introduced to Study Big Tech USF Contributions

This week in Other Barks & Bites: the Federal Circuit clarifies “teaching away,” “commercial success” and “blocking patents” doctrine in PTAB reversal; a trio of Republican Senators introduce …
By IPWatchdog
5 days ago 1

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
6 days ago 14