News & Publications

The US Court of Appeals for the Eleventh Circuit on May 14, 2020, reversed and remanded a lower court decision to invalidate Engineered Tax Services Inc.’s (ETS) trademark covering its name, finding that the phrase “Engineered Tax Services” may be distinctive enough to function as a valid trademark.

The Federal Circuit on May 14, 2020, affirmed a lower court win for Toys “R” Us Inc. and Dollar General Corp. in a design patent, copyright, and trade dress infringement suit over a toy chalk holder designed to look like a pencil.

On May 14, 2020, the US Supreme Court reversed and remanded the US Court of Appeals for the Second Circuit's decision in Marcel Fashions Grp., Inc. v. Lucky Brand Dungarees, Inc., et al. No. 2017-0361, (2nd. Cir.), ruling that federal preclusion principles do not bar Lucky Brand Dungarees, Inc. (Lucky Brand) from raising a defense it failed to litigate in an earlier suit between it and Marcel Fashions Group, Inc. (Marcel).

The Patent Trial and Appeal Board’s (PTAB) first Legal Experience and Advancement Program (LEAP) webinar on oral advocacy will take place today, Thursday, May 14, from noon to 1 p.m. ET.

National Geographic Partners LLC beat back trademark infringement claims by the makers of the PBS nature series “Wild America” after a federal court in Colorado found National Geographic TV had an artistic motive for naming its nature show “Untamed Americas.”

The Federal Circuit on May 8, 2020, affirmed a lower court ruling that found that Slayback Pharma LLC’s generic version of the leukemia drug Belrapzo didn’t infringe four Eagle Pharmaceuticals Inc. patents because the drugs weren’t the same under patent law.

The United States Patent and Trademark Office (USPTO) on May 8, 2020, announced a new COVID-19 Prioritized Examination Pilot Program.

In response to the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) announced that it will temporarily permit the filing of plant patent applications and follow-on documents via the USPTO patent electronic filing systems (EFS-Web or Patent Center) until further notice.

The United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) on May 5, 2020, designated as precedential Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (March 20, 2020).

The American Intellectual Property Law Association is saddened to learn of the passing of Q. Todd Dickinson, former AIPLA Executive Director and former Director of the USPTO.