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.
New Examination Guide on Changes to Procedures for Certain Trademark Documents
September 21, 2018The United States Patent and Trademark Office has issued a new examination guide, “Changes to Procedures Regarding Certain Documents.”
Sign-Up Closing Soon for USPTO’s Agent/Attorney 3-Day Course
September 20, 2018Sunday, Sept. 23, is the last day to sign up for the Nov. 6-8 STEPP Agent/Attorney 3-Day Course. Open to the public as part of the USPTO’s Stakeholder Training on Examination Practice and Procedure (STEPP) program, the course will be held at the Chicago-Kent College of Law, Illinois Institute of Technology.
6th Circuit Upholds Festival Trademark
September 19, 2018On August 29, 2018, the U.S. Court of Appeals for the Sixth Circuit upheld the Tawas Area Chamber of Commerce’s trademark registration for “Perchville,” the name of a festival held annually in Tawas, Michigan since 1950.
IP Address Alone Is Insufficient for Copyright Claim
September 18, 2018An allegation that a defendant is the registered subscriber of an Internet Protocol (IP) address associated with infringing activity is not enough to state a claim for direct or contributory copyright infringement, the United States Court of Appeals for The Ninth Circuit held August 27, 2018.
Empire TV Show Survives Copyright Suit
September 18, 2018The United States Court of Appeals for the Third Circuit held that there is no substantial similarity between the Fox network’s hit drama “Empire” and actor and producer Clayton Prince Tanksley’s pilot for “Cream.”
Real Estate Pricing System Ineligible for Patent Protection
September 18, 2018The Court of Appeals for the Federal Circuit held that a computer system for creating and maintaining a massive database for the value of homes and displaying it on an online map is ineligible for patent protection.
David Ruschke to Become Senior Advisor to Patents
September 2, 2018USPTO Patent Trial and Appeal Board (PTAB) Chief Judge David P. Ruschke is stepping down from his current role on September 2, 2018, to accept a new position as Senior Advisor to Patents, according to the USPTO.
USPTO May Not Collect Attorneys’ Fees in Section 145 Actions
July 30, 2018The U.S. Patent and Trademark Office is not entitled to an award of attorneys' fees under the statutory language in 35 U.S.C. 145 stating that "[a]ll the expenses of the proceedings shall be paid by the applicant," the en banc Federal Circuit held July 27, 2018 in a 7-4 decision. Nantkwest, Inc. v. Iancu, Fed. Cir., No. 16-1794, 7/27/2018.
Lost Foreign Profits May Be Recovered For Section 271(f)(2) Infringement
June 22, 2018Section 284 of the Patent Act permits an award of foreign lost profits as well as damages for infringement under Section 271(f)(2) by supplying components of a patented invention overseas for assembly there, the Supreme Court held June 22, 2018. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/2018. The ruling is consistent with an AIPLA amicus brief filed in this case.
Supreme Court Issues 2 IPR-Related Decisions
April 24, 2018On April 24, 2018, the US Supreme Court released two decisions related to Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).