IP Watchdog

JANUARY 3, 2023

The United States Patent and Trademark Office (USPTO) issued a Notice on the “Duties of Disclosure and Reasonable Inquiry During Examination, Reexamination, and Reissue, and for Proceedings Before the Patent Trial and Appeal Board” on July 29, 2022 (87 FR 45764-67), without a big reaction from the IP community.

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IP Law 360

MAY 31, 2023

Patent and Trademark Office has rebuffed the latest bids from Salesforce to strike out patents at the heart of a nearly decade-old suit over a mobile app, one of the first times that ex parte reexaminations were rejected because of ties to failed challenges from defensive patent group RPX Corp.

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IP Watchdog

SEPTEMBER 29, 2021

Court of Appeals for the Federal Circuit (CAFC) ruled today in a precedential opinion that Alarm.com, which was denied institution on three inter partes review (IPR) petitions it filed against patents owned by Vivint, Inc., Patent and Trademark Office (USPTO) to grant the reexamination request after it had denied the IPRs under 35 U.S.C. §

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Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Need to overcome a trademark refusal? What are some loser trademark arguments? Be careful though.

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IP Law 360

NOVEMBER 28, 2023

Patent and Trademark Office for an ex parte reexamination of chemical and seed company Corteva Agriscience's patent on insect-resistant plants on the basis of obviousness over another Corteva patent. A company that specializes in plant breeding technology on Tuesday asked the U.S.

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

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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] 2] The public has until July 19, 2021, to comment on the proposed rule-making before implementation.

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Patent Trademark Blog

MAY 15, 2024

What is a patent declaratory judgment lawsuit? A patent declaratory judgment action is an infringement lawsuit in reverse. The patent owner is the defendant. Need to defend a patent infringement claim? Contact US patent attorney Vic Lin at (949) 223-9623 or at vlin@icaplaw.com to explore how we can help.

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Patent Trademark Blog

NOVEMBER 16, 2021

Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration.

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IP Watchdog

MARCH 2, 2022

District Court for the Eastern District of Virginia affirming the United States Patent and Trademark Office (USPTO) Director’s vacatur of ex parte reexamination proceedings based on the estoppel provision of the inter partes review (IPR) regime. sued Alarm.com for infringement of three patents, U.S. Patent Nos.

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Patent Trademark Blog

NOVEMBER 18, 2021

What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. The TMA final rule can be found here.

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IP Watchdog

FEBRUARY 23, 2024

Unified Patents is again growing its legal department, and seeks to add an experienced, registered patent attorney. Patent and Trademark Office (USPTO), in particular working on ex parte reexamination proceedings, post-grant petitions (IPR, PGR, and CBM), or other administrative drafting and litigation experience.

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IP Intelligence

DECEMBER 23, 2021

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. The filing fee for each of these proceedings is $400 per class.

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LexBlog IP

DECEMBER 23, 2021

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use.

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Patent Trademark Blog

NOVEMBER 17, 2021

Does the Trademark Modernization Act (TMA) have different starting dates? Yes, the Trademark Modernization Act has different effective dates depending upon the new rules. When can third parties begin requesting cancellation of non-used trademark registrations? The post When does the Trademark Modernization Act go into effect?

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Patent Trademark Blog

NOVEMBER 17, 2021

Does the Trademark Modernization Act (TMA) have different starting dates? Yes, the Trademark Modernization Act has different effective dates depending upon the new rules. When can third parties begin requesting cancellation of non-used trademark registrations? The post When does the Trademark Modernization Act go into effect?

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IP Watchdog

NOVEMBER 28, 2022

Patent and Trademark Office’s (USPTO’s) grant of a request for ex parte reexamination of Sound View Innovations’ U.S. The '213 patent covers a "Method for Streaming Multimedia Information Over Public Networks." 6,708,213 by DISH Network LLC.

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IP Law 360

NOVEMBER 3, 2023

Patent and Trademark Office over its decision to throw out the car brand's bid to reexamine the patentability of a cruise control patent, the latest fight in a larger one over the patent. BMW has sued the U.S.

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Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. But, it won’t be easy.

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IP Law 360

FEBRUARY 24, 2022

Patent and Trademark decisions barring it from seeking ex parte reexaminations of three Vivint Inc. patents, reversing a Virginia federal judge's ruling that judicial review of the USPTO's estoppel decisions isn't available. The Federal Circuit on Thursday revived Alarm.com's challenge to several U.S.

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IP Law 360

JANUARY 11, 2022

Patent and Trademark Office director that barred it from seeking ex parte reexaminations of three Vivint Inc. patents it was accused of infringing should be subject to judicial review. A Federal Circuit panel on Tuesday seemed open to Alarm.com's argument that August 2020 decisions by the U.S.

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IP Law 360

NOVEMBER 18, 2022

Patent and Trademark Office has terminated a reexamination it previously ordered of a patent on emission control systems for engines, finding that the challenger could have raised the same arguments in an earlier inter partes review.

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IP Law 360

DECEMBER 8, 2021

Patent and Trademark Office can reexamine patents after denial of inter partes reviews, the agency should scrutinize serial and parallel ex parte reexamination requests to curb abusive petitions, says Craig Smith at Lando & Anastasi. Following the recent Federal Circuit Vivint decision, narrowing when the U.S.

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IP Intelligence

SEPTEMBER 12, 2023

An applicant files a first patent application with medium-to-narrow claim coverage. The first patent application issues with some or substantial patent term adjustment (PTA) caused by one or more delays at the U.S. Patent and Trademark Office (e.g., Patent A – earlier-filed and later-expiring patent).

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The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson discussed her new appointment as WIPO’s first IP and Gender Champion. Adam Ernette (UIC) reports on the seminar.

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IP Law 360

OCTOBER 4, 2021

Patent and Trademark Office can reexamine patents after an inter partes review petition is denied may encourage patent owners to attack a growing number of reexamination requests by petitioners, but the reach of the ruling appears limited, attorneys say. A Federal Circuit decision narrowing when the U.S.

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The IP Law Blog

MARCH 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. In IPRs and PGRs, anyone except the patent owner may file a petition to challenge the patent.

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LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

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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(A) and reexamination pursuant to 15 U.S.C. §

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IP Law 360

SEPTEMBER 29, 2021

Patent and Trademark Office cannot institute a patent reexamination when "nearly identical" inter partes review petitions have been denied for making "abusive" repetitious arguments, in a decision undoing the invalidation of a Vivint Inc. The Federal Circuit ruled Wednesday that the U.S.

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IP Tech Blog

JULY 22, 2021

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. The USPTO will only continue to accept applications for the Patents for Humanity COVID-19 category until September 30, 2021.

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LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. Tech industry than the liberalized 101 standard of the Patent Eligibility Restoration Act. Senators Chris Coons (D-Del.),Thom

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 2, 2021

IAM recently named four Fish & Richardson principals to the 2021 edition of “Strategy 300: The World’s Leading IP Strategists.” This exclusive list honors legal professionals across all industries who have earned a reputation for developing strategies that maximize the value of IP portfolios. 2021 IAM Strategy 300. John Dragseth.

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Patent Trademark Blog

JUNE 7, 2023

What makes the cost of patent litigation so high? What would you think if I told you that the average patent litigation cost exceeds well over $1 million ? To put it another way, how would you feel knowing that one million dollars might not get you halfway through a patent lawsuit? What factors make patent litigation so costly?

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SpicyIP

OCTOBER 30, 2023

in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He represents/ has represented clients in trademark disputes. Sumitomo’) for an olfactory trademark described as “ floral fragrance/ smell reminiscent of roses as applied to tyres ” under application no. His previous posts can be accessed here.

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LexBlog IP

JULY 22, 2021

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. The USPTO will only continue to accept applications for the Patents for Humanity COVID-19 category until September 30, 2021.

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SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?

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