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United States Patent and Trademark Office › Fifth Amendment

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
McDermott Will & Emery

It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment

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Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more

Knobbe Martens

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

Knobbe Martens on

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process....more

Haug Partners LLP

Security People, Inc. v. Iancu, 2019-2118, 2020 WL 4873762 (Fed. Cir. Aug. 20, 2020)

Haug Partners LLP on

In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more

Knobbe Martens

Canceled Patent Claims Do Not Entitle Former Patent Owner to a Refund

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CHRISTY, INC. v. UNITED STATES - Before LOURIE, REYNA, and HUGHES. Appeal from the Court of Federal Claims. Summary: The government’s refusal to refund patent issue and maintenance fees after patent claims are canceled...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Patents

McDermott Will & Emery on

2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

McDermott Will & Emery

Retroactive Application of IPRs to Pre-AIA Patents is not Unconstitutional Taking

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2019

Schwabe, Williamson & Wyatt PC on

PATENT CASE OF THE WEEK - Celgene Corporation v. Laura A. Peter, Appeal Nos. 2018-1167, -1168, -1169, -1171 (Fed. Cir. July 30, 2019) - In this week’s Case of the Week, the Federal Circuit held that the retroactive...more

Knobbe Martens

IPRs of Pre-AIA Patents Are Not Unconstitutional Takings

Knobbe Martens on

CELGENE CORPORATION v. PETER - Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking...more

Fish & Richardson

Class Action Suit Argues that IPR is an Unconstitutional Taking

Fish & Richardson on

In declaring that the inter partes review (IPR) process did not violate Article III and the Seventh Amendment, Justice Thomas’ majority opinion in Oil States emphasized the narrowness of its holding, stating expressly that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2018

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month, we are please to introduce our new...more

Akerman LLP - Marks, Works & Secrets

In re Tam Redux Redux: Redskins Petition for Certiorari, Trying to Skip 4th Cir.

Akerman LLP - Marks, Works & Secrets on

In response to the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari in to the U.S. Supreme Court In re Tam (“THE SLANTS” case), the owners of the Washington Redskins filed their own...more

Mintz - Trademark & Copyright Viewpoints

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

Mintz - Trademark & Copyright Viewpoints on

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

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