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Foley & Lardner
In a precedential decision, the Federal Circuit held that the threshold determination that appellant SIPCO LLC's patent qualifies for covered business method (CBM) review is non-appealable.
Duane Morris LLP
Late in 2020, as part of the massive December 2020 COVID-19 relief bill, Congress amended the Lanham Act.
Wolf, Greenfield & Sacks, P.C.
Yours truly, the TTABlogger, has once again reviewed the TTAB's FOIA page (now called the "TTAB Reading Room") in an attempt to estimate the percentage of Section 2(d)
Morrison & Foerster LLP
What could the new President mean for Federal Circuit practitioners? It could mean new judges. While no vacancies arose during President Trump's term,...
Jeffer Mangels Butler & Mitchell LLP
As explained by the district court, Zadro Products, Inc. ("Zadro") sued Feit Electric Company ("Feit") for patent infringement alleging that Feit infringed on two of Zadro's patents: United States
Stites & Harbison PLLC
On December 27, 2020, the Trademark Modernization Act of 2020 (the "Act") was signed into law. The Act introduces a number of changes to trademark law
Wolf, Greenfield & Sacks, P.C.
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services.
Wolf, Greenfield & Sacks, P.C.
The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them,...
Cooley LLP
The Orange Book Transparency Act of 2020, signed into law on January 5, amends section 505(j) of the Federal Food, Drug and Cosmetic Act, codifying and clarifying some patent listing...
Harris Bricken
Earlier this month, Circle K Stores Inc., owner and operator of the chain of Circle K convenience stores, filed a Trademark Trial and Appeal Board ("TTAB") Notice of Opposition against...
Foley & Lardner
The U.S. Supreme Court has scheduled oral argument in the Arthrex cases (docket 19-1434) for March 1, 2021
Wolf, Greenfield & Sacks, P.C.
The USPTO refused to register the proposed mark COMPOSTA for compostable containers made of kraft paper or plastic for use in the food service industry, finding the mark to be merely descriptive of the goods under Section 2(e)(1).
Buchanan Ingersoll & Rooney PC
The USPTO issued guidance on the standard for addressing indefiniteness in AIA trial proceedings. The PTAB will apply the Nautilus standard in AIA
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Tris Pharma, Inc. v. Actavis Labs. FL, Inc., 2020 WL 7028456, at *1 (D. Del. Nov. 30, 2020), the district court for the District of Delaware, on remand from the Federal Circuit...
Cooley LLP
Signed into law on December 27, 2020, the Biological Product Patent Transparency Act (42 U.S.C. § 262(k)(9))
Winston & Strawn LLP
Petitioner previously challenged original claims 2 and 4 as indefinite. Claims 2 and 4 both require "the unequal-torque coil spring generates usable feedback torque values with a ratio...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Simio, LLC, v. FlexSim Software Products, Inc., No. 2020-1171 (Fed. Cir. Dec. 29, 2020), the Federal Circuit affirmed the district court's (i) determination that the claims...
Morrison & Foerster LLP
Sponsored Research Agreements (SRA) are used by companies to contract a research organization, such as a university, to conduct research and development activities in exchange for fees and the university's rights to use the results for general research purposes.
Foley & Lardner
As a non-precedential decision on claim construction, Horizon Pharma, Inc. v. Dr. Reddy's Laboratories Inc., may not be relevant to any other case, but it caught my attention as an example...
Wolf, Greenfield & Sacks, P.C.
American Airlines applied to register the mark RENOAIR for "air transport of passengers, cargo and freight" under Section 2(f) of the Lanham Act.
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