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.
Supreme Court Says PTAB’s Time Bar Decisions Not Appealable
April 20, 2020The United States Supreme Court on April 20, 2020, held that 35 U.S.C. § 314(d), which states that the Patent Trial and Appeal Board's (PTAB) decision to institute an inter partes review (IPR) is nonappealable, also precludes judicial review of a time bar determination under 35 U.S.C. § 315(b).
Juul Wins ITC Order Blocking Rival Imports
April 20, 2020The International Trade Commission (ITC) on April 7, 2020, awarded and order to Juul Labs Inc. that blocks imports from four e-cigarette rivals.
TTAB Overstepped While Nixing Color Trademark, Court Says
April 17, 2020The US Court of Appeals for the Federal Circuit on April 8, 2020, held that the Trademark Trial and Appeal Board (TTAB) erred in ruling that an undefined color trademark on packaging can’t be distinctive enough for registration unless consumers already recognize it as an indicator of product source.
House & Senate Judiciary Lawmakers Seek Information on USPTO Operations Amidst COVID-19 Pandemic
April 16, 2020House & Senate Judiciary Lawmakers sent a letter to USPTO Director Andrei Iancu requesting information on the impact the coronavirus public health crisis has had on the operations of the USPTO.
PTAB Designates Decision as Precedential
April 15, 2020The Patent Trial and Appeal Board (PTAB) on April 14, 2020, designated as precedential Lectrosonics, Inc. v. Zaxcom, Inc. Case IPR2018-01129, Paper 33 (PTAB Jan. 24, 2020) (precedential).
No Trademark for Conveyor Belt Fastener Design, 7th Cir. Says
April 14, 2020The US Court of Appeals for the Seventh Circuit on April 7, 2020, held that part of a conveyor belt fastener with scalloped edges wasn’t entitled to trade dress protection because it was utilitarian.
BASF Polymer Manufacturing Patent May Be Valid
April 13, 2020The US Court of Appeals for the Federal Circuit on April 8, 2020, held that a patent covering a process for preparing polymers was wrongly found invalid based on another company’s earlier use of a similar process that may have been confidential.
Alleged Trade Show Infringement Rant Didn’t Warrant Speech Bar
April 10, 2020The Federal Circuit held on April 3, 2020, that the maker of an eye disorder treatment device was improperly barred from publicly alleging that a competitor’s product infringes its patent.
Copyright Office Expands Electronic Submission Options
April 9, 2020In response to the COVID-19 pandemic, the US Copyright Office is expanding its capabilities to receive electronic submissions for Office services.
Activision Beats Humvee Trademark Claims Over ‘Call of Duty’
April 8, 2020The US District Court for the Southern District of New York held on April 1, 2020, that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in its “Call of Duty” video games, saying the game developer was shielded by the First Amendment.
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