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United States Patent and Trademark Office › De Novo Standard of Review

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 -
Sheppard Mullin Richter & Hampton LLP

“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite

Sheppard Mullin Richter & Hampton LLP on

On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc., No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid...more

Rivkin Radler LLP

The Notorious RBG Spits Fire: BOOKING.COM Is Not Generic

Rivkin Radler LLP on

As is often the case, technology develops faster than the law. In that connection, courts are often called upon to apply legislation from yesteryear to technology which, at the time the legislation was passed, would have been...more

Foley & Lardner LLP

Federal Circuit Emphasizes Need For Reasonable Expectation Of Success

Foley & Lardner LLP on

In Genzyme Corp. v. Dr. Reddy’s Labs. Ltd., the Federal Circuit affirmed the district court decision upholding Genzyme’s Orange Book listed patent for the cancer drug Mozobil® against an obviousness challenge, because the...more

Ladas & Parry LLP

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

Ladas & Parry LLP on

In its June 18, 2014 Blackhorse decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered....more

Proskauer Rose LLP

Appealing a Trademark Registration Refusal? Win or Lose, You May Have to Pay the USPTO’s Legal Fees

Proskauer Rose LLP on

The federal Trademark Act (the Lanham Act) instructs that if an unsuccessful trademark applicant appeals a refusal to register in federal district court, the applicant must name the Director of the U.S. Patent & Trademark...more

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