Posts in USPTO


USPTO Council on Expanding Innovation Gets Mixed Reactions

The U.S. Patent and Trademark Office (USPTO) earlier this week announced the creation of the National Council for Expanding American Innovation (NCEAI), an initiative ostensibly intended …
By Eileen McDermott
2 days ago 7

Tech Companies’ Lawsuit Against USPTO, Small Business Inventors’ Motion to Intervene Highlight Need to Address NHK-Fintiv Factors Via Rulemaking

On September 9, a panel of three administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a petition filed …
By Steve Brachmann
4 days ago 7

Patent Filings Roundup: CBM Goes Out with a Whimper; Board Denies Unwired Planet Challenge After District Court Verdict; Fortress-Owned Divx Targets Devices

District court filings were substantially lulled this week, with about a third of what’s normal—33—filed to the Patent Trial and Appeal Board’s 32 petitions, propped …
By Jonathan Stroud
4 days ago 0

New USPTO Council Aims to Strengthen U.S. Innovation By Increasing Participation of Underrepresented Groups

The U.S. Patent and Trademark Office (USPTO) announced yesterday a major initiative to “build a more diverse and inclusive innovation ecosystem by encouraging participation demographically, geographically, …
By IPWatchdog
5 days ago 11

This Week in Washington IP: DMCA Reforms, Google Antitrust Issues and Supporting the U.S. AI Workforce

This week in Washington IP developments, events get underway with a few programs at the U.S. Patent and Trademark Office, including the first day of a …
By IPWatchdog
6 days ago 1

An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews

The Federal Circuit has repeatedly confirmed that secondary consideration evidence is an integral part of an obviousness analysis (indeed, it “may be the most pertinent, probative, and …
By Kristin Doyle
7 days ago 8

Patent Filings Roundup: Lighthouse Campaign Snuffed Out, At Liberty to Sue, Express Train Rolls On

District court and Patent Trial and Appeal Board (PTAB) patent filings were at roughly steady-state again this week, with 36 PTAB petitions and 75 new patent infringement district court …
By Jonathan Stroud
11 days ago 0

Revised Facebook v. Windy City Opinion Preserves Bar on Self-Joinder for IPRs, Remands to PTAB on Late-Filed Petitions

On September 4, the United States Court of Appeals for the Federal Circuit (CAFC) modified and reissued its March 18, 2020 opinion in Facebook v. Windy City Innovations, LLC, following …
By Rebecca Tapscott
12 days ago 0

Lessons from GRUYERE: A Roadmap for Proving Genericness from the TTAB

Following the widely discussed BOOKING.COM Supreme Court genericness case, the Trademark Trial and Appeal Board (Board) took up a genericness case of its own. Int’l. …

Patent Filings Roundup: IP Edge Sues 26; Quirky IP Files for Creator; Spell Check Targeted

District court and Patent Trial and Appeal Board (PTAB) patent filings were steady this past week, with 31 PTAB petitions and 78 new district court complaints. Many of those …
By Jonathan Stroud
18 days ago 0

IPWatchdog’s CON2020 Kicks Off with Andrei Iancu on 101, China, and Building Respect for IP

U.S. Patent and Trademark Office (USPTO) Director, Andrei Iancu, joined day one of Virtual CON2020 today to chat with IPWatchdog CEO and Founder Gene Quinn about …
By Eileen McDermott
19 days ago 1

Protecting COVID-19-Related Software Innovations

The United States Patent and Trademark Office (USPTO) recently announced the COVID-19 Prioritized Examination Pilot Program, under which the USPTO will advance certain patent applications related to …

How One TTAB Case Reveals Continued Examination Flaws Post-Tam and Brunetti

A case that is currently before the Trademark Trial and Appeal Board (TTAB), Proceeding No. 92071980, is no run-of-the-mill cancellation petition. Elevated Faith LLC v. GODISGHL, LLC,  concerns …
By Kevin Christopher
24 days ago 2

Apple v. Prepear: Does Apple Really Need All the Fruit?

How many types of fruit does one mega-company need to protect its trademarks? Apparently, Apple Inc. believes an image of a pear used in connection with a …
By Nicole Page
25 days ago 3

Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels

On August 13, Sand Revolution LLC filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit. The petition asks the …
By Steve Brachmann
26 days ago 14