Last 24 Hours

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
12 hours ago 0

Assignor Estoppel and IPRs: Possible Impact of Arista v. Cisco on Employment or Assignment Agreements

The doctrine of assignor estoppel has been around for over a century and most often applied in the U.S. International Trade Commission (ITC) and U.S. …
By J. Derek Mason
14 hours ago 2

Conclusory Legal Opinions of Patentee’s Expert Not Enough to Prevent 12(b)(6) Dismissal

Several weeks ago, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Glasswall Solutions Limited v. Clearswift Ltd., affirming a district court’s …
By Steve Brachmann
17 hours ago 1

More Recent Posts

INTA Brief to WTO Revives Plain Packaging Debate

Australia’s Tobacco Plain Packaging Act (TPPA) was enacted in 2011 and prohibits all use of trademarks (other than word marks) on tobacco product packaging. The law seemingly …
By Eileen McDermott
1 day ago 2

No Debate: Article III Standing is a Requisite to Appeal an IPR

On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
By Gene Quinn
2 days ago 2

Sherry Knowles Scrutinizes an Activist Supreme Court and its Unconstitutional Approach to Patent Eligibility

The Supreme Court has brazenly admitted it is not following Congress’ statutory instructions on patent eligibility in several cases. And it has carried out virtually none of …
By Gene Quinn
2 days ago 33

Brokered Patents are Not Junk—and the Reasons will Surprise You

Occasionally, we hear people say, “brokered patents are all junk.” This begs the question, “are operating companies and non-practicing entities (NPEs) spending hundreds of millions of dollars …

Dear Examiner: I am an Imposter

That feeling that you are a fraud and that, one day, people will find out you have no idea what you are doing has a name—Impostor …
By Rebecca Tapscott
3 days ago 11

In Pursuit of the Hardest, Riskiest and Most Valuable Innovation

As IBM was preparing to announce yet another milestone achievement, this year receiving 9,100 U.S. patents in 2018, I had the opportunity to sit down for an on …
By Gene Quinn
3 days ago 0

Supreme Court Mulls Circuit Split on When a Copyright is Registered in Fourth Estate v. Wall-Street.com

On January 8th, the Supreme Court heard oral arguments in Fourth Estate Public Benefit Corporation v. Wall-Street.com [Case No. 17-571 (Jan. 8, 2019)] to settle a longstanding circuit …

In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions

On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…

Fine Tuning the Trump Administration’s ROI Initiative

The Trump Administration's Return on Investment (ROI) Initiative, which is geared toward increasing the American taxpayer's benefits from federally-supported R&D, is potentially a big step forward. …
By Joseph Allen
4 days ago 0

Copyright Office Seeks Mechanical Licensing Collective Members

The U.S. Copyright Office recently published a Notice in the Federal Register regarding Title I of the Orrin G. Hatch - Bob Goodlatte Music Modernization Act (…
By Steve Brachmann
5 days ago 1

International Trademark Filing Strategies: How, When & Where to File a Trademark Outside the U.S.

International trademarks were once only necessary for large scale businesses and corporations. In today’s global marketplace, however, nearly any business, especially a business with online exposure, …
By Josh Gerben
5 days ago 0

Limiting Section 325(d) Delegation Will Ensure a More Predictable Inter Partes Review Process

Congress created Inter Partes Review (IPR) to weed out clearly invalid patents that would not have been issued had the United States Patent and Trademark Office (USPTO) …
By Russell Slifer
6 days ago 24

PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance

The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in advance of the hearing but added that parties may submit …

‘It’s a Marathon, Not a Sprint’: How to Get and Keep Good Corporate Clients

Yesterday’s IPWatchdog webinar, sponsored by Anaqua, hinged on the statistic that 70% of in-house counsel surveyed by the American Bar Association in 2012 would not recommend their primary …
By Eileen McDermott
7 days ago 0

A New Court and a New Fix for Alice and Patent Eligibility under Section 101

In Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17-1272, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration …
By Robert Isackson
8 days ago 40