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  • Video Games Gaming Companies Get Mixed Rulings From CAFC

    November 13, 2018

    On November 6, 2018, the Court of Appeals for the Federal Circuit ruled that certain elements of three patents owned by Acceleration Bay LLC are invalid.
  • GoPro-400 CAFC Says GoPro Catalog is Prior Art

    November 8, 2018

    On November 1, 2018, the United States Court of Appeals for the Federal Circuit reissued a modified opinion holding that the Patent Trial and Appeal Board (PTAB) erred when it held that a certain GoPro catalog is not a prior art printed publication.
  • USPTO Crest Laura Peter Appointed as USPTO Deputy Director

    November 8, 2018

    Secretary of Commerce Wilbur Ross, on November 8, 2018, announced the appointment of Laura A. Peter as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO).
  • Judge-Panel-400 USPTO Revises Trademark Manual of Examining Procedure

    November 6, 2018

    On October 31, 2018, the United States Patent and Trademark Office released the latest revision of the Trademark Manual of Examining Procedure (TMEP).
  • FanDuel and DraftKings Daily Fantasy Sites Don’t Violate College Athlete Rights

    November 5, 2018

    The Indiana Supreme Court, on October 24, 2018, answered a certified question from the US Court of Appeals for the Seventh Circuit on whether online for-profit fantasy-sports need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.
  • USPTO Relevant Prior Art Initiative to Increase Examination Quality

    November 2, 2018

    The USPTO has announced that Phase 1 of its Access to Relevant Prior Art (RPA) Initiative will begin Nov. 1, 2018.
  • Webinar Thumbnail 2 PTAB Proposes Changes to Motion to Amend Practice in AIA Trials

    November 1, 2018

    The USPTO has published a Request for Comments (RFC) on a proposed procedure for motions to amend filed in AIA trials before the PTAB.
  • Course Registration Open for Inventor STEPP Training

    October 31, 2018

    Registration is now open for the Feb. 5 - 7, 2019 USPTO Inventor 3-Day Course on Examination Practice and Procedure.
  • Pharmaceuticals CAFC Affirms Invalidation of Patents for MS Drug Copaxone

    October 19, 2018

    The Federal Circuit on October 12, 2018, affirmed a district court decision invalidating Teva’s patents for Copaxone, its best-selling multiple sclerosis drug.
  • Entertainment-Streaming-Video Cert. Denial Gives Comcast, Verizon Patent Win

    October 18, 2018

    The Supreme Court on October 15, 2018, declined to review a Federal Circuit decision affirming a district court’s holding that two of Two-Way Media Ltd.’s patents directed to internet streaming of video and audio were ineligible for protection.
  • Generic Drugs 1st Circuit Reverses Class Certification in Asacol Antitrust Case

    October 17, 2018

    The US Court of Appeals for the First Circuit on October 15, 2018, reversed a district court order certifying a class of indirect purchasers of the drug Asacol to pursue antitrust claims against Allergan Inc., the drugmaker.
  • Music Modernization Act The Music Modernization Act Signed into Law

    October 16, 2018

    Congress recently passed the Orrin G. Hatch–Bob Goodlatte Music Modernization Act, which the president signed into law on October 11, 2018.
  • Braille President Donald J. Trump Signs Marrakesh Treaty Into Law

    October 12, 2018

    On October 9, 2018, President Donald J. Trump signed into law S. 2559, the “Marrakesh Treaty Implementation Act,” which provides for the implementation of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
  • USPTO Issues Final Rule on Claim Construction Standard USPTO Issues Final Rule on Claim Construction Standard

    October 11, 2018

    The final rule replaces the "broadest reasonable interpretation" standard with the federal court claim construction standard, also known as the Phillips standard, that is used to construe a claim in a civil action under 35 U.S.C. § 282(b).
  • Samsung and Apple Smartphones Samsung, Apple Win Attack on Tethering Patent

    October 11, 2018

    On September 10, 2018, the United States Court of Appeals for the Federal Circuit upheld the Patent Trial and Appeal Board’s decision to invalidate IXI IP LLC’s patent related to sharing an internet connection over Bluetooth because it’s obvious in light of prior inventions.
  • Fiberglass No New Trial for Fiberglass Maker in Trade Secrets Case

    October 8, 2018

    Johns Manville Corp.’s bid for a retrial in a trade secrets case against competing Knauf Insulation LLC was denied by the U.S. Court of Appeals for the Tenth Circuit because Knauf met the terms of an agreement over how it used the opinion of its counsel.
  • Migration Tool Now Available for EFS-Web and Private PAIR

    October 4, 2018

    The US Patent and Trademark Office announced that a migration tool is now available for existing PKI digital certificate holders (registered practitioners and independent inventors) to link their USPTO.gov accounts to their current PKI digital certificates.
  • Detroit Athletic Club Building CAFC Rejects Bid to Register ‘Detroit Athletic Co.’

    October 3, 2018

    The Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to refuse to register “Detroit Athletic Co.” for sports apparel because the mark would likely cause confusion with a long-standing private social club
  • The Three Flags New NAFTA Includes IP Provision

    October 2, 2018

    The Office of the United States Trade Representative announced that the United States, Mexico, and Canada reached an agreement to “modernize the 24-year-old NAFTA into a 21st century, high-standard agreement."
  • Judge-Panel-400 PTAB Creates Precedential Opinion Panel (POP)

    September 28, 2018

    The Patent Trial and Appeal Board has substantially revised its Standard Operating Procedures (“SOPs”) regarding precedential and informative decisions (SOP2).
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