The United States Patent and Trademark Office (USPTO) has announced new rules governing amendment practice in trial proceedings under the America Invents Act (AIA), making certain provisions of the motion to amend pilot...more
Recent cases show the U.S. Patent and Trademark Office director's interest in using director review to address substantive issues like obviousness, not just procedural matters or changes in the law. Grants in these cases,...more
United States Patent and Trademark Office Director Kathi Vidal's recent sanctions decisions have been notable for their seriousness and impact. In each case, Vidal invoked the Director Review process, a measure implemented...more
The U.S. Supreme Court's decision to no longer give deference to government agency interpretations could lead to challenges against U.S. Patent and Trademark Office rules....more
Lynk Labs has presented an argument to the Federal Circuit, asserting that patent applications should only be utilized to invalidate patents in inter partes reviews based on their publication date. Currently, the filing date...more
The NPRM proposals align with interim guidance on requesting director review for key AIA trial decisions. Following the Arthrex v. Smith & Nephew ruling, director review by the USPTO Director remains crucial for addressing...more
On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more
5/24/2024
/ Design Patent ,
En Banc Review ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Prior Art ,
USPTO ,
Utility Patents
The recent decision in SAS Institute v. Iancu — in combination with the proposed shift from a broadest reasonable interpretation (BRI) standard to the Phillips standard for claim construction used in district court — moves...more
7/11/2018
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
USPTO
In This Issue -
US Taxation of IP After Tax Reform -
U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
7/11/2018
/ America Invents Act ,
Appeals ,
Artists ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Defend Trade Secrets Act (DTSA) ,
Disgorgement ,
Evidence ,
Expert Testimony ,
Fair Use ,
Film Industry ,
Foreign Derived Intangible Income (FDII) ,
Franchises ,
Income Taxes ,
Indefiniteness ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IRS ,
Misappropriation ,
New Rules ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Phillips Standard ,
Popular ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Summary Judgment ,
Tax Code ,
Tax Cuts and Jobs Act ,
Tax Planning ,
Tax Reform ,
The Copyright Act ,
Trade Secrets ,
Trademark Litigation ,
Trademarks ,
Transfer Taxes ,
U.S. Treasury ,
Uniform Trade Secrets Acts ,
USPTO
In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more
11/7/2017
/ Administrative Appointments ,
Copyright ,
Copyright Office ,
Cyber Crimes ,
Defend Trade Secrets Act (DTSA) ,
Disney ,
DMCA ,
Fair Use ,
Film Industry ,
Intellectual Property Protection ,
Legislative Agendas ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trump Administration ,
USPTO
On June 25, 2014, just six days after the Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the USPTO issued its Preliminary Examination Instructions (“Guidance”) in view of the case. ...more
By now, we've all heard of the controversy regarding the lax oversight at the USPTO of examiners in the Office's Telework Program--what I'll unofficially dub as "Telegate." Now, the House Oversight and Government Reform...more