Posts Archive


In re Forney Could Herald a Brighter Future for Color Marks

Trademarks consisting solely of a color applied to products or their packaging have been protectable under U.S. law for decades—if they meet a heightened standard …

USPTO COVID-19 Pilot Program Will Benefit Small Companies and Individual Inventors

On May 7, the U.S. Patent and Trademark Office (USPTO) published a Notice in the Federal Register regarding the implementation of a new pilot program for COVID-19 …
By Rebecca Tapscott
14 days ago 1

Comcast’s Lobbying Won’t Dilute the ITC’s Enforcement Authority

Late last month, TiVo won its second intellectual property battle with Comcast at the International Trade Commission (ITC) and is poised to win a third ruling this …
By Christopher Smithmyer
15 days ago 2

Practice at the Patent Trial and Appeal Board During a Pandemic

The business of the Patent Trial and Appeal Board (PTAB) continues on as most practitioners transition into another month of working from home. Like many courts, the …
By Christopher Douglas
16 days ago 0

Social Media Influencers Beware – Street Art Is Protected by Copyright

The U.S. Court of Appeals for the Second Circuit recently confirmed that street art is, in fact, protected by copyright law.  Castillo v. G&M Realty …
By Michael Garfinkel
17 days ago 3

Other Barks & Bites for Friday, May 8: CAFC Denies PTAB Appeals Under Arthrex, USPTO Launches COVID-19 Priority Pilot and SCOTUS Hears Booking.com Arguments

This week in Other Barks & Bites: the U.S. Patent and Trademark Office launches COVID-19-related initiatives, including a prioritized examination pilot program and an online licensing …
By IPWatchdog
18 days ago 0

Congress Asks Amazon’s Bezos to Testify on Use of Third-Party Seller Data

On May 1, Representative and House Judiciary Committee Chairman Jerrold Nadler (D-NY) and a bipartisan coalition of members of the Subcommittee on Antitrust, Commercial and Administrative Law signed …
By Steve Brachmann
18 days ago 4

Conservative Leaders Rebut Proposed Denial of Exclusivity on COVID Meds

More than 30 leading conservative and libertarian organizations have joined on a letter to Congress, voicing “strong opposition” to principles, recently unveiled by four senior lawmakers, that would …
By James Edwards
19 days ago 1

Federal Circuit Reverses PTAB’s Non-Obviousness Ruling in View of Prior Art

On May 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the United States Patent and Trademark Office’s Patent Trial …
By Rebecca Tapscott
19 days ago 1

‘A Life Well Lived’: Remembering Q. Todd Dickinson

In the midst of so much daily sadness around the global pandemic, 2020 dealt us another blow when we learned this week that our friend and giant of …
By IPWatchdog
19 days ago 2

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by …

Patent Filings Roundup: Blackberry Accused of Abuse, PayPal Isn’t Playing, WSOU Earns Its Frequent Filer Card

This week, Patent Trial and Appeal Board (PTAB) filings are back up, with four post grant reviews (PGRs) and 37 inter partes reviews (IPRs), while there were 83 district …
By Jonathan Stroud
20 days ago 0

Senator Thom Tillis: If IP Stakeholders Can’t Find Consensus, Congress Can’t Help

Senator Thom Tillis (R-NC) arguably has more pressing issues to focus on than intellectual property at the moment, as the nation scrambles to find solutions to the …
By Gene Quinn
20 days ago 53

Booking.com Oral Arguments: Will Justices’ Skepticism of USPTO Arguments Trump Monopoly Concerns?

The U.S. Supreme Court heard oral arguments in United States Patent and Trademark Office, et al., v. Booking.com B.V., (Case No. 19-46) yesterday, in …
By Rebecca Tapscott
21 days ago 0

Clause 8, Episode 17: Frank Jakes – Legendary Trial Attorney

This episode features an interview with trial attorney Frank Jakes - the founder of the Intellectual Property Group at the firm of Johnson Pope in Tampa, FL. …
By Eli Mazour
21 days ago 0