News & Analysis as of

United States Patent and Trademark Office › Vacatur

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

Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have...more

McDermott Will & Emery

What Preclusion? Post-IPR Reexam Moves Forward

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit revived a petitioner’s validity challenge seeking ex parte review at the US Patent & Trademark Office (PTO), reversing a district court decision dismissing its complaint seeking...more

Knobbe Martens

PTO Director’s Estoppel Decision Ending Reexam Is Subject to Judicial Review

Knobbe Martens on

ALARM.COM INC. v. HIRSHFELD - Before Taranto, Chen, and Cunningham. Appeal from the United States District Court for the Eastern District of Virginia. Summary: The Administrative Procedure Act (APA) permits judicial...more

Morrison & Foerster LLP - Federal Circuitry

Arthrex Looks to Be Going Out With a Whimper

Morrison & Foerster LLP - Federal Circuitry on

Now that it’s been roughly a month since the Federal Circuit issued mass sua sponte Arthrex orders (which we discussed in Early Hints About What Happens Next After Arthrex), we thought it was worth checking in on what’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Snyders Heart Valve LLC v. St. Jude Medical, LLC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier yesterday, the Federal Circuit vacated the final written decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes review involving Appellant Snyders Heart Valve LLC and...more

Jones Day

IPR Petitioners Ineligible for Arthrex Relief

Jones Day on

On May 5, 2020 the Federal Circuit formally barred petitioners from seeking Arthrex remands. The Court issued a precedential order clarifying that only qualifying patent owners may seek the Arthrex remedy. Petitioners, unlike...more

Dorsey & Whitney LLP

USPTO Throws in the Towel in Dispute With Federal Judge

Dorsey & Whitney LLP on

In an earlier post, we discussed at length the curious case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. Surprisingly, this dispute came to an...more

Dorsey & Whitney LLP

Federal Judge vs. TTAB – Trademark Battle over Bear Bryant’s Houndstooth Hat

Dorsey & Whitney LLP on

The case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. showcases an unusual clash between a federal judge and the Trademark Trial and Appeal Board...more

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