News

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).

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.

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.

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.

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

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."

The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding precedential and informative decisions (SOP2).

The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding paneling of matters before the PTAB (SOP1).

The United States Patent and Trademark Office has issued a new examination guide, “Changes to Procedures Regarding Certain Documents.”

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.

On August 29, 2018, the U.S. Court of Appeals for the Sixth Circuit upheld the Tawas Area Chamber of Commerce’s trademark registration for “Perchville,” the name of a festival held annually in Tawas, Michigan since 1950.

An allegation that a defendant is the registered subscriber of an Internet Protocol (IP) address associated with infringing activity is not enough to state a claim for direct or contributory copyright infringement, the United States Court of Appeals for The Ninth Circuit held August 27, 2018.

The United States Court of Appeals for the Third Circuit held that there is no substantial similarity between the Fox network’s hit drama “Empire” and actor and producer Clayton Prince Tanksley’s pilot for “Cream.”

The Court of Appeals for the Federal Circuit held that a computer system for creating and maintaining a massive database for the value of homes and displaying it on an online map is ineligible for patent protection.

USPTO Patent Trial and Appeal Board (PTAB) Chief Judge David P. Ruschke is stepping down from his current role on September 2, 2018, to accept a new position as Senior Advisor to Patents, according to the USPTO.

The U.S. Patent and Trademark Office is not entitled to an award of attorneys' fees under the statutory language in 35 U.S.C. 145 stating that "[a]ll the expenses of the proceedings shall be paid by the applicant," the en banc Federal Circuit held July 27, 2018 in a 7-4 decision. Nantkwest, Inc. v. Iancu, Fed. Cir., No. 16-1794, 7/27/2018.

Section 284 of the Patent Act permits an award of foreign lost profits as well as damages for infringement under Section 271(f)(2) by supplying components of a patented invention overseas for assembly there, the Supreme Court held June 22, 2018. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/2018. The ruling is consistent with an AIPLA amicus brief filed in this case.

On April 24, 2018, the US Supreme Court released two decisions related to Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).

The Supreme Court on November 27, 2017 heard oral argument on whether the Patent Trial and Appeal Board (PTAB) is required by 35 U.S.C. 318(a) to address every patent claim challenged in a petition for inter partes review (IPR). SAS Institute, Inc. v. Lee, U.S., 16-969, oral argument 11/27/2017.