News & Publications
Find our latest news and analysis here. From the daily Newsstand to the Quarterly Journal, we cover the full breadth of intellectual property law.
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USPTO Issues Final Rule on Claim Construction Standard
October 11, 2018
The final rule replaces the "broadest reasonable interpretation" standard with the federal court claim construction standard, also known as the Phillips standard, that is used to construe a claim in a civil action under 35 U.S.C. § 282(b). -
Samsung, Apple Win Attack on Tethering Patent
October 11, 2018
On September 10, 2018, the United States Court of Appeals for the Federal Circuit upheld the Patent Trial and Appeal Board’s decision to invalidate IXI IP LLC’s patent related to sharing an internet connection over Bluetooth because it’s obvious in light of prior inventions. -
No New Trial for Fiberglass Maker in Trade Secrets Case
October 8, 2018
Johns Manville Corp.’s bid for a retrial in a trade secrets case against competing Knauf Insulation LLC was denied by the U.S. Court of Appeals for the Tenth Circuit because Knauf met the terms of an agreement over how it used the opinion of its counsel. -
Migration Tool Now Available for EFS-Web and Private PAIR
October 4, 2018
The US Patent and Trademark Office announced that a migration tool is now available for existing PKI digital certificate holders (registered practitioners and independent inventors) to link their USPTO.gov accounts to their current PKI digital certificates. -
CAFC Rejects Bid to Register ‘Detroit Athletic Co.’
October 3, 2018
The Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to refuse to register “Detroit Athletic Co.” for sports apparel because the mark would likely cause confusion with a long-standing private social club -
New NAFTA Includes IP Provision
October 2, 2018
The Office of the United States Trade Representative announced that the United States, Mexico, and Canada reached an agreement to “modernize the 24-year-old NAFTA into a 21st century, high-standard agreement." -
PTAB Creates Precedential Opinion Panel (POP)
September 28, 2018
The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding precedential and informative decisions (SOP2). -
PTAB Issues Revised SOP
September 25, 2018
The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding paneling of matters before the PTAB (SOP1). -
New Examination Guide on Changes to Procedures for Certain Trademark Documents
September 21, 2018
The United States Patent and Trademark Office has issued a new examination guide, “Changes to Procedures Regarding Certain Documents.” -
Sign-Up Closing Soon for USPTO’s Agent/Attorney 3-Day Course
September 20, 2018
Sunday, Sept. 23, is the last day to sign up for the Nov. 6-8 STEPP Agent/Attorney 3-Day Course. Open to the public as part of the USPTO’s Stakeholder Training on Examination Practice and Procedure (STEPP) program, the course will be held at the Chicago-Kent College of Law, Illinois Institute of Technology.
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