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Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more
On June 22, 2022, the U.S. Patent and Trademark Office (USPTO) announced new interim guidance regarding discretionary denials of patent challenges at the Patent Trial and Appeal Board (PTAB) based on parallel litigation. The...more
While multi-national sanctions recently imposed on Russia were intended to punish Russia for its aggression in Ukraine, the effects of the sanctions have led to a need for tough decisions for U.S. entities with patent...more
TTAB Cancellation Actions: Terminating an Infringing Trademark Registration - You learn that another person or entity has a registered trademark at the United States Patent and Trademark Office (the “USPTO”) that is...more
In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are...more
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
The United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to extend the Motion to Amend (MTA) pilot program. This program provides additional options for a patent owner...more
A PGR is a trial proceeding conducted by the Patent Trial and Appeal Board (PTAB) to determine the patentability of one or more claims of a patent that issued from an application filed after March 15, 2013. ...more
[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more
We surveyed inter partes review proceedings instituted in the year following the U.S. Supreme Court's 2018 decision in SAS Institute Inc. v. Iancu, and identified five takeaways regarding the Patent Trial and Appeal Board's...more
America Invents Act Reviews, or "AIA Reviews" are administrative proceedings which can be used to seek the invalidity of a U.S. Patent. After their creation in 2011, AIA reviews have become an important component of patent...more
The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more
EPO - The EPO has decided to postpone until further notice all oral proceedings in examination and opposition proceedings scheduled until until September 14, 2020 (previous date was June 02, 2020) unless they have already...more
In recent weeks, trademark offices around the world have made announcements and adjustments to their practices in response to the global COVID-19 pandemic. ...more
The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law, shaking up administrative procedures, court rules, and law firm best practices....more
China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published Notice 350 (see here, in Chinese), which is applicable to trademarks, patents and layout designs of integrated circuits....more
China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published Notice 350, which is applicable to trademarks, patents and layout designs of integrated circuits. CNIPA remains open...more
China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published its Notice 350 (see here, in Chinese), which is applicable to both trademark and patent matters....more
On March 27, President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act temporarily expands the authority of the Director of the United States Patent and Trademark...more
Updated April 1, 2020 We previously reported on USPTO COVID-19 related information, including a prior statement that the USPTO was unable to change deadlines. The USPTO has now obtained statutory authority to modify...more
China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published its Notice 350, which is applicable to both trademark and patent matters....more
The only real answers we are hearing from the patent community is that no one knows what to do or what might happen next --- post Arthrex. As a quick reminder – the Federal Circuit ruled (1) the current PTAB judges were...more