News & Publications

The US Court of Appeals for the Federal Circuit on April 18, 2019, invalidated three of Trading Technologies LLC’s patents on a user interface for electronic trading technology, affirming the Patent Trial and Appeal Board’s finding that the patents were ineligible under § 101 after the Board instituted Covered Business Method (CBM) Patent review.

The US Patent and Trademark Office on April 22, 2019, issued a notice of information concerning existing office practice available to a patent owner during the pendency of a trial proceeding under the America Invents Act (AIA); specifically pertaining to the reissue and reexamination procedures available for amending claims involved in the trial. 84 Fed. Reg. 16654.

On April, 17, 2019, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), and Representatives Doug Collins (R-GA), Hank Johnson (D-GA), and Steve Stivers (R-OH), released a bipartisan, bicameral framework to reform Section 101 of the Patent Act.

The USPTO on April 16, 2019, designated three PTAB decisions as precedential.

The Supreme Court on April 15, 2019, heard oral argument in the Brunetti case on whether the statutory ban on registering “immoral ... or scandalous” trademarks violates the First Amendment. Iancu v. Brunetti, U.S., No. 18-302, oral argument 4/15/2019.

The US Patent and Trademark Office will begin hosting free seminars on protecting your IP in China. The new series of road shows will be geared towards businesses, individuals, and attorneys looking to hear about strategies for better protecting intellectual property in China.

The United States District Court for the Southern District of Ohio on April 1, 2019, held that Redbubble, Inc. was not liable for direct infringement of several of Ohio State University’s trademarks. The Ohio State Univ. v. Redbubble Inc., S.D. Ohio, No. 17-cv-1092, 3/29/19.

A website for goods that lacks any ordering information such as cost, payment options, minimum quantities, and shipping information is insufficient proof of the goods’ use in commerce when applying for trademark registration, the US Court of Appeals for the Federal Circuit held on April 10, 2019. In Re: Siny Corp., Fed. Cir., No. 2018-1077, 1/14/19.

The US Court of Appeals for the Federal Circuit on April 8, 2019, upheld the validity of Omega Patents, LLC’s remote vehicle control patents, but, ordered a new trial on whether Cal Amp Corp. induced infringement. Omega Patents, LLC v. CalAmp Corp., Fed. Cir., No. 2018-1309, 4/8/19.

The PTAB on April 5, 2019, designated as precedential Huawei Device Co., Ltd. v. Optis Cellular Technology, LLC, Case IPR2018-00816 (PTAB Jan. 8, 2019) (Paper 19). The decision provides guidance as to the procedure for submitting new evidence with a rehearing request and explains that a party must show good cause for submitting new evidence.