Newsstand

Our daily update covering current events.

 

  • ani-kolleshi-7jjnJ-QA9fY-unsplash web USPTO Allows Filing of Plant Patent Applications Via Electronic Filing Systems

    May 8, 2020

    In response to the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) announced that it will temporarily permit the filing of plant patent applications and follow-on documents via the USPTO patent electronic filing systems (EFS-Web or Patent Center) until further notice.
  • alireza-heydarifard-zKlFiUcqdZQ-unsplash-web PTAB Designates Decision as Precedential

    May 7, 2020

    The United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) on May 5, 2020, designated as precedential Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (March 20, 2020).
  • TDickinson-400x200 AIPLA Saddened to Learn of Passing of Former Executive Director Q. Todd Dickinson

    May 6, 2020

    The American Intellectual Property Law Association is saddened to learn of the passing of Q. Todd Dickinson, former AIPLA Executive Director and former Director of the USPTO.
  • USPTO Issues Final Rule on Claim Construction Standard USPTO Launches Patents 4 Partnerships Platform

    May 6, 2020

    The United States Patent and Trademark Office (USPTO) on May 4, 2020, unveiled a new web-based intellectual property (IP) marketplace platform, Patents 4 Partnerships, to provide the public with a user-friendly, searchable repository of patents and published patent applications related to the COVID-19 pandemic that are indicated as available for licensing.
  • Booking-400x200 Justices Hear Arguments Over Phone in Booking.com Trademark Case

    May 5, 2020

    On May 4, 2020, the tradition-bound Supreme Court head oral arguments by telephone for the first time in USPTO v. Booking.com B.V., a case about whether “Booking.com” and similar marks are entitled to federal trademark protection.
  • markus-spiske-xekxE_VR0Ec-unsplash-web 8th Cir. Says Business Information Database Copyright Eligible

    May 4, 2020

    The US Court of Appeals for the Eight Circuit on April 27, 2020, affirmed a Nebraska federal jury’s award of over $11 million in a copyright dispute based on a database of business information.
  • kate-hliznitsova-Nqj2XWHy4K0-unsplash-web Quincy Bioscience’s Prevagen Trademark Win Upheld on Appeal

    May 1, 2020

    The Seventh Circuit on April 24, 2020, upheld Prevagen maker Quincy Bioscience Inc.'s trademark win over the unauthorized sale of its popular memory supplement by Ellishbooks Corp.
  • Fishing Web Fed. Cir. Rejects Fishing Method Patent Application as Abstract

    April 30, 2020

    The US Court of Appeals for the Federal Circuit on April 24, 2020, affirmed the Patent Trial and Appeal Board’s (PTAB) rejection of a fishing patent application because the invention relies on an abstract idea.
  • Television Dish, Sirius Get Chance at Attorneys’ Fees in Mooted Case

    April 29, 2020

    The Federal Circuit on April 21, 2020, vacated and remanded a district court ruling that denied Dish Network LLC and Sirius XM Radio Inc.’s motion for attorneys’ fees in a patent case.
  • AI-400 USPTO Says AI Can’t Be Named Inventor on Patent

    April 28, 2020

    The United States Patent and Trademark Office on April 27, 2020, published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application.
  • PublicResource-400 Georgia Loses Annotated Code Copyright Battle at Supreme Court

    April 27, 2020

    Copyright protection does not extend to works produced by judges or legislators in the course of their official duties, the United States Supreme Court held on April 27, 2020. Georgia v. Public.Resource.Org, Inc., U.S., 18-1150.
  • Spigen Spigen Cellphone Case-Design Patent Revived by Fed. Cir.

    April 27, 2020

    The US Court of Appeals for the Federal Circuit on April 17, 2020, held that a lower court erred when it invalidated three Spigen Korea Co. design patents covering cellphone cases.
  • Report After Alice USPTO Releases Report on Patent Examination Outcomes After Alice

    April 24, 2020

    The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent eligibility in the technology areas most affected by the decision.
  • Handbag v1 Supreme Court Finds Willfulness Not Required for Trademark Profit Award

    April 23, 2020

    On April 23, 2020, the United States Supreme Court vacated and remanded the US Court of Appeals for the Federal Circuit's decision in Romag Fasteners, Inc. v. Fossil, Inc., No. 2018-2417 (Fed. Cir. 2019), ruling that a plaintiff is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award.
  • Surgery Hologic Loses Bid to Block Minerva’s Surgical Products

    April 23, 2020

    The US Court of Appeals for the Federal Circuit on April 22, 2020, rejected Hologic, Inc.’s attempt to block sales for Minerva Surgical, Inc.’s surgical products.
  • Guitar Guitar Maker Evades Copyright Claims Over Pantera Guitar Design

    April 22, 2020

    The US Court of Appeals for the Eleventh Circuit on April 16, 2020, affirmed a lower court ruling denying successful guitar maker and technician Buddy Webster’s copyright infringement claims against Dean Guitars.
  • Stratus ‘Stratus’ Trademark Ruling on Confusion With ‘Strata’ Upheld

    April 21, 2020

    The US Court of Appeals for the Federal Circuit on April 14, 2020, affirmed a Trademark Trial and Appeal Board (TTAB) ruling that denied registration of Stratus Networks Inc.’s trademark on the grounds of a likelihood of confusion with a trademark registered to UBTA-UBET Communications, Inc.
  • Time Bar Supreme Court Says PTAB’s Time Bar Decisions Not Appealable

    April 20, 2020

    The United States Supreme Court on April 20, 2020, held that 35 U.S.C. § 314(d), which states that the Patent Trial and Appeal Board's (PTAB) decision to institute an inter partes review (IPR) is nonappealable, also precludes judicial review of a time bar determination under 35 U.S.C. § 315(b).
  • Juul Juul Wins ITC Order Blocking Rival Imports

    April 20, 2020

    The International Trade Commission (ITC) on April 7, 2020, awarded and order to Juul Labs Inc. that blocks imports from four e-cigarette rivals.
  • Welding TTAB Overstepped While Nixing Color Trademark, Court Says

    April 17, 2020

    The US Court of Appeals for the Federal Circuit on April 8, 2020, held that the Trademark Trial and Appeal Board (TTAB) erred in ruling that an undefined color trademark on packaging can’t be distinctive enough for registration unless consumers already recognize it as an indicator of product source.