On May 8, the United States Patent and Trademark Office (USPTO) announced the COVID-19 Prioritized Examination Pilot Program, permitting COVID-19-related applications filed by small and micro entities to be put on a fast track for patent examination.

The US Court of Appeals for the Eleventh Circuit on May 14, 2020, reversed and remanded a lower court decision to invalidate Engineered Tax Services Inc.’s (ETS) trademark covering its name, finding that the phrase “Engineered Tax Services” may be distinctive enough to function as a valid trademark.

The Federal Circuit on May 14, 2020, affirmed a lower court win for Toys “R” Us Inc. and Dollar General Corp. in a design patent, copyright, and trade dress infringement suit over a toy chalk holder designed to look like a pencil.

On May 14, 2020, the US Supreme Court reversed and remanded the US Court of Appeals for the Second Circuit's decision in Marcel Fashions Grp., Inc. v. Lucky Brand Dungarees, Inc., et al. No. 2017-0361, (2nd. Cir.), ruling that federal preclusion principles do not bar Lucky Brand Dungarees, Inc. (Lucky Brand) from raising a defense it failed to litigate in an earlier suit between it and Marcel Fashions Group, Inc. (Marcel).

The Patent Trial and Appeal Board’s (PTAB) first Legal Experience and Advancement Program (LEAP) webinar on oral advocacy will take place today, Thursday, May 14, from noon to 1 p.m. ET.