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.
USPTO Grants Further Relief for Some Patent Fees and Deadlines
May 29, 2020The United States Patent and Trademark Office (USPTO) on May 27, 2020, further extended the time to file certain patent-related documents and to pay certain required fees under its temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
USPTO Proposes Rule Changing AIA Trial Rules on Institution and Responsive Briefing
May 28, 2020The proposed rule provides that if the Board institutes inter partes review, post-grant review, or transitional program for covered business method patents proceedings, trial will proceed on all challenged claims and on all grounds of unpatentability.
Man Secures Win in ‘Lawn Managers’ Trademark Case Against Ex-Wife
May 27, 2020The Eight Circuit on May 20, 2020, awarded a victory in a trademark infringement case to the owner of a Missouri lawn care company against his ex-wife’s lawn care company because her company continued using his mark after their post-divorce licensing agreement expired.
Copyright Office Calls for Changes to Section 512 Safe Harbor System
May 26, 2020The US Copyright Office on May 21, 2020, announced that it completed its public study to evaluate the impact and effectiveness of the safe harbor provisions contained in section 512 of title 17, United States Code.
3rd Cir. Finds Programmer Abandoned Marketing Software Rights
May 21, 2020The US Court of Appeals for the Third Circuit on May 18, 2020, held that computer programmer Peter Brownstein does not own a copyright stake in an updated ethnicity prediction program because he had relinquished his rights to the program.
USPTO Releases Additional Information on the COVID-19 Prioritized Examination Pilot Program
May 20, 2020On May 8, the United States Patent and Trademark Office (USPTO) announced the COVID-19 Prioritized Examination Pilot Program, permitting COVID-19-related applications filed by small and micro entities to be put on a fast track for patent examination.
‘Engineered Tax Services’ Trademark Revived by 11th Cir.
May 19, 2020The 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.
Fed. Cir. Affirms Toys “R” Us, Dollar General, Chalk Toy Design Win
May 18, 2020The 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.
Supreme Court Dismisses ‘Defense Preclusion’ in Designer Jeans Trademark Fight
May 14, 2020On 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).
USPTO Offers Free Oral Advocacy Training Under the Legal Experience and Advancement Program
May 14, 2020The 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.
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