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By James M. Oehler
The U.S. House of Representatives recently passed a bill that, if enacted, could make it easier for patent owners to amend their claims during post-grant proceedings such as inter partes reviews (IPR).
By John Freeman, John Bieber
Earlier this month, the Supreme Court of the United States heard oral arguments in Lee v. Tam to examine the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a).
By Miyoung Shin
The Patent Trial and Appeal Board ("PTAB") found the asserted claims of U.S. Patent No. 8,337,856 ("the '856 patent") are nonobvious in a final written decision.
By Virginia Marino, William Frankel
On January 14, 2017, the Trademark Trial and Appeal Board ("TTAB") implemented numerous amendments to its Trademark Rules of Practice. These rule changes impact all active opposition and cancellation proceedings.
By Danielle Phillip
As of January 2017, the Coalition for Affordable Drugs, a company formed by a hedge fund manager and the founder of a patent monetization entity, has filed forty petitions for inter partes review.
By Susan Frohling, David Fleming
The maker of "My Other Bag" tote bags received its hoped-for holiday gift in late December when the Second Circuit affirmed the district court's earlier grant of a summary judgment...
By William Carroll, Heidi Dare
Discovery of the revolutionary gene editing technology called CRISPR touched off a battle between the University of California (UC) and the Broad Institute (Broad) over control of the associated patent rights.
By Lyle Vander Schaaf
As part of its annual "Special 301" identification and review of countries that deny adequate and effective protection of IP rights or deny fair and equitable market access to U.S. persons...
By Trevor Copeland, Craig Buschmann
The Supreme Court has agreed to review the Federal Circuit's decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990), which grants patent plaintiffs...
By Jason Schigelone
Under 37 C.F.R. § 42.12(a), the PTAB may impose sanctions against a party for "misconduct," including "[f]ailure to comply with an applicable rule or order in the proceeding,"...
By Nicholas J. Angelocci, Scott Brim
In Unwired Planet, LLC v. Google Inc., the Federal Circuit recently held that the PTAB definition of a CBM was inconsistent with the statutory language of the America Invents Act (AIA).
By David Bernard, William Carroll, James A. Collins
The Supreme Court remanded the case to the Federal Circuit for further proceedings consistent with its opinion. - See more at: http://www.brinksgilson.com/supreme-court-upsets-the-design-patent-damages-apple-cart-remands-to-federal-circuit#sthash.riO5gjMa.dpuf
By John Bacoch, William R. Boudreaux
The Supreme Court's opinion will address these two points and could impact long-standing precedent.
By William Frankel, Emily Kappers
First, all first-time agent designations now must be made through the electronic DMCA registration system.
By Joshua James
On November 15, 2016, in Global Tel*Link Corp. v. Securus Techs., Inc. the PTAB sua sponte reconsidered institution and terminated the CBM review nearly one year after the review was instituted.