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USPTO Extends Trademark And Patent Deadlines Due to Coronavirus Pandemic
As IP Offices around the world work to mitigate the impact of the global health threat, the U.S. CARES Act gives USPTO authority to extend statutory deadlines to help ease burden of IP owners affected by COVID-19 The Coronavirus Aid...
Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings
On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB) in AIA proceedings...
Partes On! Survival of Inter Partes Review May Signal an SOS for Parties Entering the Uncharted Waters of Inter Partes Review in the Post-SAS World
The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu , addressing the constitutionality of inter partes review (“IPR”) and determining whether the Patent Trial and Appeal Board (“PTAB”) must decide the...
Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims
A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent applicants having software claims pending at the...
The High Court takes the High Road on Patent Eligibility - The Supreme Court refuses to consider patents invalidated under the Mayo/Alice framework
The Supreme Court on October 3, 2016, denied certiorari in a number of patent cases, including four cases concerning subject matter eligibility in the wake of the Mayo and Alice decisions. The Mayo decision essentially held that because laws of...
Protecting Yourself Against Data Breach: Don't Be a Target
To listen to the podcast, please click here . On May 5, 2014, Target Corporation Chief Executive Officer Gregg Steinhafel resigned after having been with the company for 35 years, another casualty of the massive data breach that continues to...
Echoes from the Gunn? Aggravated States and Demand Letters
To listen to the podcast, please click here . A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world...
Texas Puts its Lone-Star Spin on Trade Secret Protection
Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. 1 Texas recently joined the other forty-seven states 2 in implementing a version of...
Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts
On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. 1 The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard in...
Gunning for the Supreme Court: A "Substantial" Case "Arising" from Texas That Means More Than You Think!
On Friday, October 5, 2012, the U.S. Supreme Court granted certiorari in Gunn v. Minton , 1 seeking to address whether the Federal Circuit and other courts following its lead have departed from the Supreme Court's "arising under" jurisdiction standard...
Federal Circuit Passes Torch From Juries to Judges for Willful Infringement Determinations
Just in time for the London 2012 Summer Olympics, the Federal Circuit, in Bard Peripheral Vascular v. W.L. Gore & Assocs., 1 passes the torch from juries to judges on willful infringement determinations in patent litigation. With an en banc...
'Round the Turn They're A-Comin'! The Wild Patent Enforcement Ride of Marine Polymer v. HemCon
Problems arise when you suddenly realize that you have prepared for one type of race and you find yourself in the middle of a completely different type of competition. Those involved in patent infringement cases analogize the process to running...