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CAFC Says GoPro Catalog is Prior Art
November 8, 2018
On November 1, 2018, the United States Court of Appeals for the Federal Circuit reissued a modified opinion holding that the Patent Trial and Appeal Board (PTAB) erred when it held that a certain GoPro catalog is not a prior art printed publication. -
Laura Peter Appointed as USPTO Deputy Director
November 8, 2018
Secretary of Commerce Wilbur Ross, on November 8, 2018, announced the appointment of Laura A. Peter as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). -
USPTO Revises Trademark Manual of Examining Procedure
November 6, 2018
On October 31, 2018, the United States Patent and Trademark Office released the latest revision of the Trademark Manual of Examining Procedure (TMEP). -
Daily Fantasy Sites Don’t Violate College Athlete Rights
November 5, 2018
The Indiana Supreme Court, on October 24, 2018, answered a certified question from the US Court of Appeals for the Seventh Circuit on whether online for-profit fantasy-sports need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both. -
Relevant Prior Art Initiative to Increase Examination Quality
November 2, 2018
The USPTO has announced that Phase 1 of its Access to Relevant Prior Art (RPA) Initiative will begin Nov. 1, 2018. -
PTAB Proposes Changes to Motion to Amend Practice in AIA Trials
November 1, 2018
The USPTO has published a Request for Comments (RFC) on a proposed procedure for motions to amend filed in AIA trials before the PTAB. -
Registration Open for Inventor STEPP Training
October 31, 2018
Registration is now open for the Feb. 5 - 7, 2019 USPTO Inventor 3-Day Course on Examination Practice and Procedure. -
CAFC Affirms Invalidation of Patents for MS Drug Copaxone
October 19, 2018
The Federal Circuit on October 12, 2018, affirmed a district court decision invalidating Teva’s patents for Copaxone, its best-selling multiple sclerosis drug. -
Cert. Denial Gives Comcast, Verizon Patent Win
October 18, 2018
The Supreme Court on October 15, 2018, declined to review a Federal Circuit decision affirming a district court’s holding that two of Two-Way Media Ltd.’s patents directed to internet streaming of video and audio were ineligible for protection. -
1st Circuit Reverses Class Certification in Asacol Antitrust Case
October 17, 2018
The US Court of Appeals for the First Circuit on October 15, 2018, reversed a district court order certifying a class of indirect purchasers of the drug Asacol to pursue antitrust claims against Allergan Inc., the drugmaker. -
The Music Modernization Act Signed into Law
October 16, 2018
Congress recently passed the Orrin G. Hatch–Bob Goodlatte Music Modernization Act, which the president signed into law on October 11, 2018. -
President Donald J. Trump Signs Marrakesh Treaty Into Law
October 12, 2018
On October 9, 2018, President Donald J. Trump signed into law S. 2559, the “Marrakesh Treaty Implementation Act,” which provides for the implementation of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. -
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).
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