Posts Tagged: Guest Contributor


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 …

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
17 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
18 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
19 days ago 3

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
21 days ago 1

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
22 days ago 0

PTAB Establishes Two-Part Framework for Denying Institution of IPRs Based on Previously Presented Art Or Argument

Earlier this year, the Patent Trial and Appeal Board (PTAB) established a two-part framework for applying 35 U.S.C. § 325(d), under which the PTAB may deny institution …
By Christopher Loh
24 days ago 3

Federal Circuit Holds Banks to Be ‘Persons’ Under the America Invents Act

Recently, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board, holding that the Board correctly determined that the claims 21–24 of U.S. Patent …

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part II

In Part I of this series we examined the mathematics exception to patentability and the historical underpinnings of its justification. In Part II, we will continue to …
By Jose Nunez
27 days ago 16

From TikTok to Instagram: How to Legally Live Stream

Every day, DJs, athletes, entertainers and influencers broadcast live on Instagram, YouTube and other similar channels. Whether you are a professional entertainer or just connecting with friends …

Copyright Lawyers on SCOTUS Decision in Georgia v. Public.Resource.Org: Expected, But Possibly Problematic

On Monday, the U.S. Supreme Court ruled in Georgia et al. v. Public.Resource.Org., Inc. that a state code revision commission cannot claim copyright protection …
By Eileen McDermott
29 days ago 6

Patent Filings Roundup: ‘Something in the Water’ with Sharp Spike in District Court Filings

Is there something in the water this week? While Patent Trial and Appeal Board (PTAB) filings were up slightly (the spike due entirely to 14 new petitions from …
By Jonathan Stroud
29 days ago 5

Patent Office Improves Open Data Access to File Wrappers

Last week, the USPTO announced a public release of the Patent Center beta that will eventually replace PAIR and EFS-Web while providing improved access to prosecution histories …
By Thomas Franklin
29 days ago 3

The Transmissibility of Information: How Your Trade Secrets Are Like a Virus

If you run a business that depends on data to drive success — and what business doesn’t these days? — this tendency of information assets to escape is …
By James Pooley
30 days ago 1