News & Publications
Find our latest news and analysis here. From the daily Newsstand to the Quarterly Journal, we cover the full breadth of intellectual property law.
Federal Circuit Sends Reissue Patent Tiff Back to PTAB
July 10, 2019The US Court of Appeals for the Federal Circuit on July 5, 2019, held that the Patent Trial & Appeal Board must reexamine Global IP Holdings LLC’s bid to broaden the scope of its patent.
Medical Diagnostics Patent Eligibility Still Unsettled
July 8, 2019A split US Court of Appeals for the Federal Circuit, on July 3, 2019, refused to revisit their February decision to invalidate a patent licensed to Quest Diagnostics Inc.’s Athena unit for a way to diagnose a severe neurological disorder.
New USPTO Trademark Examination Guidance
July 5, 2019The US Patent and Trademark Office on June 3, 2019, published an examination guide explaining how the USPTO will examine trademark applications following the Supreme Court’s recent decision in Iancu v. Brunetti.
USPTO Rule Requires US Attorney for Foreign Trademark Applicants
July 3, 2019The US Patent and Trademark Office on July 2, 2019, issued final rules requiring foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed to practice law in the United States.
New TBMP Available
July 1, 2019The June 2019 update of the USPTO’s Trademark Trial and Appeal Board Manual of Procedure (TBMP) is now available on the Trademark Trial and Appeal Board webpage under "Policies and procedures.
Federal Circuit Finds Cellspin Data Transfer Patents Abstract but Valid
July 1, 2019On June 25, 2019, the Federal Circuit held that a trial court wrongly dismissed Cellspin Soft, Inc.’s (Cellspin), patent infringement lawsuits after determining that the four disputed patents were invalid and covered an abstract idea.
Supreme Court to Decide Whether States Can Copyright Annotated Laws
June 26, 2019The US Supreme Court on June 24, 2019, agreed to review a case that will decide whether states can preserve the copyrights to official annotations of their laws if they hire a private company to compile and sell them.
Supreme Court Finds Bar on Scandalous or Immoral Trademarks Unconstitutional
June 25, 2019On June 24, 2019, the Supreme Court upheld the Federal Circuit's decision in In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017), ruling that the Lanham Act provision which bars the registration of “immoral[ ] or scandalous” trademarks violates the First Amendment. Iancu v. Brunetti, No. 18-302, 6/24/2019.
No Broad Trademark for Adidas Three-Stripe Design
June 25, 2019The EU General Court in Luxembourg on June 19, 2019, limited the reach of sportswear giant Adidas’s iconic trademark.
Claims in Reissue Patent Must Match Original Patent Requirements
June 20, 2019The Federal Circuit on June 17, 2019, held that patent holders who introduce new claims during the prosecution of a patent must ensure those claims meet the requirements in the original patent.