Our daily update covering current events.


  • PTAB Publishes Update PTAB Publishes Update to AIA Trial Practice Guide

    July 18, 2019

    The US Patent and Trademark Office (USPTO) on July 15, 2019, published a second update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Patent Trial and Appeal Board (PTAB).
  • Guide New Examination Guide on Specimen Examination

    July 16, 2019

    The United States Patent & Trademark Office published a new examination guide titled, "Examination of Specimens for Use in Commerce: Digitally Created or Altered and Mockup Specimens."
  • Turbine Engine Federal Circuit Says No Standing for GE Without Specific Injury

    July 15, 2019

    The US Court of Appeals for the Federal Circuit on July 10, 2019, held that General Electric Co.‘s position as a patent owner’s competitor was insufficient to establish standing to appeal a Patent Trial and Appeal Board decision.
  • USPTO Issues Final Rule on Claim Construction Standard PTAB Designates Decision as Precedential

    July 12, 2019

    The US Patent and Trademark Office on July 10, 2019, designated as precedential Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19).
  • 20190620_120639411_iOS-400x200 IP Practice in China 2019 Trip

    July 11, 2019

    The IP Practice in China Committee delegation kicked of this year's trip with a dinner with Dennis Duncan, the USPTO IP Attache based in Beijing, who provided a briefing of current developments in China.
  • Car Load Floor Federal Circuit Sends Reissue Patent Tiff Back to PTAB

    July 10, 2019

    The 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 Medical Diagnostics Patent Eligibility Still Unsettled

    July 8, 2019

    A 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.
  • TM Guide New USPTO Trademark Examination Guidance

    July 5, 2019

    The 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 USPTO Rule Requires US Attorney for Foreign Trademark Applicants

    July 3, 2019

    The 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.
  • TBMP New TBMP Available

    July 1, 2019

    The 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.
  • Smartwatch Federal Circuit Finds Cellspin Data Transfer Patents Abstract but Valid

    July 1, 2019

    On 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.
  • Annotated Laws Supreme Court to Decide Whether States Can Copyright Annotated Laws

    June 26, 2019

    The 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.
  • FUCT Supreme Court Finds Bar on Scandalous or Immoral Trademarks Unconstitutional

    June 25, 2019

    On 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.
  • Adidas No Broad Trademark for Adidas Three-Stripe Design

    June 25, 2019

    The EU General Court in Luxembourg on June 19, 2019, limited the reach of sportswear giant Adidas’s iconic trademark.
  • Machining Claims in Reissue Patent Must Match Original Patent Requirements

    June 20, 2019

    The 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.
  • Fees AIPLA Files Amicus Brief in 1-800 Contacts v. FTC

    June 19, 2019

    The American Intellectual Property Law Association on June 14, 2019, filed an amicus brief in 1-800 Contacts v. Federal Trade Commission.
  • IPP Far East IPP Far East Committee Visits Taiwan, Singapore

    June 18, 2019

    On April 29 – May 3, 2019, the IPP Far East Committee dispatched a delegation to visit Taiwan and Singapore. The trip delegation was headed up by Patrick Coyne, AIPLA’s Second Vice President, and Tiep Nguyen, the Far East Committee Chair.
  • No State Sovereign Immunity for University of Minnesota in IPR

    June 18, 2019

    The US Court of Appeals for the Federal Circuit on June 14, 2019, held that 11th Amendment Sovereign Immunity does not protect patents owned by individual states from being cancelled via inter partes review (IPR).
  • AIPLA Attends Meetings of the Industry IP5

    June 17, 2019

    AIPLA attended meetings of the Industry IP5, IP5 Heads of Offices, and the Industry Trilateral in Incheon, Korea June 10-13, 2019.
  • Chambord French Press Coffeemaker Bodum Gets Trade Dress Win

    June 17, 2019

    The US Court of Appeals for the Seventh Circuit on June 12, 2019, affirmed a $2 million win for Bodum USA Inc., makers of the Chambord French press coffeemaker, in a trade dress infringement case.