Posts in USPTO


Trademark Alert: Unauthorized Changes to Trademark Applications and Registrations

The United States Patent and Trademark Office sent an e-mail notifying stakeholders of an alarming ongoing scheme to hijack trademark files. Apparently, there has been a number …
By Gene Quinn
20 hours ago 0

Director Andrei Iancu lauds risk takers, calls patent troll narrative ‘Orwellian doublespeak’

Remarkably, in what I believe amounts to Orwellian “doublespeak," those who’ve been advancing the patent troll narrative argue that they do so because they are actually …
By Gene Quinn
24 hours ago 23

Comcast Invalidates Rovi Patents at PTAB that Previously Secured Limited Exclusion Order at ITC

Perhaps Rovi will take the opportunity to test the waters with the newly created Precedential Opinion Panel (POP), which is intended to bring uniformity between examination procedures …

PTAB Institutes CBM Review of Nasdaq Patents Challenged by MIAX

In early October, the Patent Trial and Appeal Board (PTAB) instituted a series of covered business method (CBM) reviews on patents owned by American stock exchange Nasdaq. …
By Steve Brachmann
4 days ago 1

Waymo Patent Asserted Against Uber Suffers Setback in Reexamination

he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …

Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
9 days ago 1

USPTO Publishes Final Rule Adopting Phillips Standard at PTAB

The United States Patent and Trademark Office (USPTO) has published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (…
By Gene Quinn
10 days ago 15

Patent Uncertainty: Real Ideas, Real People, Real Harm

Today, the patent system is a very fluid situation due to recent legislation and court decisions that have caused considerable uncertainty and legal maneuvering.  As a first-time …
By Jeffrey Killian
11 days ago 7

Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks

Trademarks protect distinctive marks, such as brand names, logos, and designs.  This protection allows a trademark holder to exclude others from using the mark without permission of …

Patent Office Extends After Final Consideration Pilot Program 2.0

Earlier today the United States Patent and Trademark Office (USPTO) announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) would be extended until September 30, 2019. The goal of …
By Gene Quinn
17 days ago 9

IPR Outcomes of Orange Book Patents and its Effect on Hatch-Waxman Litigation

Out of the 230 Orange Book patents challenged in IPR proceedings, 90.4% (208) of these patents were also challenged in Hatch-Waxman litigation perhaps due to the lucrative 180-day exclusivity incentive …
By Tulip Mahaseth
17 days ago 3

Capella Photonics Challenges Federal Circuit Practice of Judgments Without Opinions

Capella Photonics, Inc. has filed a petition for certiorari arguing that the Federal Circuit’s practice of issuing judgments without opinion pursuant to Federal Circuit Rule 36 in …

Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?

JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …

CAFC Reverses Nonobviousness Ruling in IPR as Board Failed to Apply Burden-Shifting Standard

The Federal Circuit recently reversed a Patent Trial and Appeal Board (“Board”) inter partes review decision on nonobviousness, holding that the Board erred when it did not …

PTAB Upholds Kamatani Cloud Patent Challenged by Unified Patents

Last week the Patent Trial and Appeal Board (PTAB) entered a final written decision terminating an inter partes review (IPR) proceeding that had challenged a patent owned …
By Gene Quinn & Steve Brachmann
22 days ago 1

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