JD Supra Law

OCTOBER 6, 2021

2020-1992 (Fed. 29, 2021) - In an appeal from the United States Patent Trial and Appeal Board, the Federal Circuit addressed whether a party may challenge the validity of an issued patent by ex parte reexamination when the challenger has repeatedly tried to use inter partes review (“IPR”) to forward the same argument.

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JD Supra Law

JANUARY 20, 2022

As 2021 drew to a close, the United States Patent and Trademark Office (USPTO) introduced two new procedures pursuant to the Trademark Modernization Act of 2020 (the “Act”), providing new, streamlined avenues to seek cancellation of trademarks that are not, or have not at key times, been in actual use. A reexamination.

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LexBlog IP

NOVEMBER 19, 2021

Appeal 2020-1992 (Fed. 29, 2021), the Patent Trial and Appeal Board affirmed a reexamination examiner’s final rejection of Vivint’s patent claims as unpatentable over prior art. In due course, the Patent Office would have issued a certificate canceling those claims. presented to the Office.”

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LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. A reexamination proceeding must be filed within the first five years of registration. Several of these changes took effect in December 2021, while other changes will be implemented later this year.

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Trademark Registration Intellectual Property Intellectual Property Law 52

Bio Law Blog

NOVEMBER 8, 2021

Apple argues that the Patent Trial and Appeal Board’s Fintiv factors improperly impede IPRs for patents asserted in co-pending district court litigation. During the litigation, in February 2020, Apple filed IPR petitions challenging three of the same patents. ” 35 U.S.C. § § 314(d).

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The TTABlog

DECEMBER 31, 2021

33: "LOCH MOOSE MONSTER" Fends Off Monster Energy's Lack-of-Bona-Fide-Intent Summary Judgment Motion Nonuse/Specimen of Use: USPTO Issues Examination Guide 1-21: Expungement and Reexamination Proceedings Under the Trademark Modernization Act of 2020 Precedential No. Lack of Bona Fide Intent: Precedential No.

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LexBlog IP

SEPTEMBER 9, 2022

On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. For reexamination proceedings, “each individual” associated with the patent owner has a duty of disclosure.

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Patently-O

FEBRUARY 8, 2022

That prevision bars an IPR petitioner involved in patent litigation from asserting any invalidity grounds that the petitioner had “raised or reasonably could have raised during that inter partes review.” patents only cover infringement within the territorial bounds of the United States. patent laws. 1345 (2020).

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LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor. Those provisions are therefore unhelpful.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] 1970 (2021). Back to Top. Sotera Wireless, Inc.

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IP Intelligence

MAY 27, 2021

Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making [1] to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in December 2020. [2] These revised rules build on the letter of protest procedures published as a final rule in November 2020.

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Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 1, 2021

On September 29, 2021, Senators Patrick Leahy (D-VT) and John Cornyn (R-Texas) introduced the Restoring the America Invents Act “to address problems for small businesses and ordinary Americans caused by poor-quality patents.” Case IPR2020-00019, Paper 11 (March 20, 2020). These issues include: Revamping the Board’s Discretion.

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LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. §1066(A) and reexamination pursuant to 15 U.S.C. § § 1066(B). Mistake #5: Failing to Include a Proper Index of Evidence.

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LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. Copyright Conundrums, Sovereign States, and IP Piracy (2020). 92, 96 (1876) (“A patent for an invention is as much property as a patent for land.

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Intellectual Property Government Invention Copyright 52

Technology & Marketing Law Blog

MAY 15, 2024

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” 2020) (Murphy, J., at 37 (Scalia, J., concurring); Rotkiske v. Klemm , 589 U.S. , 355, 360-61 (2019). Thomas, J.). Scholastic, Inc. ,

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The TTABlog

NOVEMBER 16, 2021

Here is a Trademark Alert published by Wolf Greenfield yesterday, regarding the Trademark Modernization Act of 2020 ("TMA"), and focusing particularly on the "nonuse" provisions and their impact on non-US owners of US registrations. The petition for reexamination must be filed prior to the fifth anniversary of the registration.

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LexBlog IP

NOVEMBER 9, 2021

The same draft Bill was previously released in 2018 and 2020. my personal favorite) Toll a patent’s term while invalidity is being litigated. For example, should invalid patents be repeatedly rewarded with extended term based upon the litigious nature of the licensing entity? But, if you are going to dream, dream big!

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Patent Troll Patent Invention Licensing 52