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The United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) was once famously referred to by the former chief judge of the Federal Circuit, the honorable...
Jones Day
The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in ...
Jones Day
Deciding who invented patents can be "one of muddiest concepts in the muddy metaphysics of the patent law."
Jones Day
On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit's Arthrex decision, consolidating those three cases for briefing and argument.
Jones Day
On remand, the petitioner first argued that the mandate rule prevented the PTAB from revisiting the time-bar issue.
Jones Day
Later decisions backed away from that hardline stance, finding that some RPI errors made without deceptive intent were fixable.
Jones Day
It is well-established that a counterclaim for invalidity in a district court litigation does not trigger the 35 U.S.C. § 315(a) bar.
Jones Day
The Supreme Court has held the PTAB's "decision to deny a petition is a matter committed to the Patent Office's discretion," and that there is "no mandate to institute review."
Wolf, Greenfield & Sacks, P.C.
The Board sustained this opposition to registration of GS GEMS STYLE HAIR BOTOX for various non-medicated hair care products...
Proskauer Rose LLP
The Supreme Court recently granted three petitions for certiorari challenging the Federal Circuit's holding in Arthrex v. Smith & Nephew that administrative patent judges of the Patent Trial...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In this episode of the DeviceTalks Weekly podcast, Mike Jakes discusses why the medical device industry should be watching when the...
Wolf, Greenfield & Sacks, P.C.
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services.
Marshall, Gerstein & Borun LLP
Appeals to both the Board and the Federal Circuit were cast by a pro se applicant, who is also a patent attorney.
Volpe and Koenig
Appellate courts around the world previously had relatively few opportunities to offer guidance as to the licensing terms or the manner of negotiating licenses to SEPs.
Wolf, Greenfield & Sacks, P.C.
The Board found that each word in the mark is "highly descriptive" of the goods.
Morrison & Foerster LLP
At Federal Circuitry, we frequently update our statistics.
Holland & Knight
In a short, two-page opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the Southern District of Indiana's ruling that a method of...
Gordon Rees Scully Mansukhani
On April 23, 2020, the Supreme Court resolved a long-standing circuit split regarding whether a trademark infringement plaintiff must show willfulness as a prerequisite to recovery of the defendant's profits.
Worldwide
Jones Day
Similar to the laws in the United States and Europe, Chinese law allows those accused of patent infringement to commence actions for declaring non-infringement of patents...
Wolf, Greenfield & Sacks, P.C.
An article written by Jonathan Roses and Matthew Birkett, partner at Hoffmann Eitle, titled "Salt and Solid Form Issues in US and European Patents" was published in The Pharma Letter.
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