Getting the Deal Through: Trademarks 2019 – United States
Getting the Deal Through works with many of the best lawyers and law firms in the world to bring together a unique legal information resource, written by experts on each subject area, in every significant jurisdiction. Expert local insight into the major trademark law issues across multiple jurisdictions, covering: ownership and scope of trademarks, application for […]
Article III standing in appeals from inter partes review proceedings to the US Court of Appeals for the Federal Circuit
Journal of Intellectual Property Law & Practice, jpy115, https://doi.org/10.1093/jiplp/jpy115 Abstract •US Congress gave any person other than the patent owner the rights to petition the government to take a second look at a previously issued patent in an inter partes review (IPR) proceeding, and if dissatisfied with the decision, to appeal, and be a party […]
NYIPLA Reports On Partner Charles R. Macedo’s Speaking At President’s Forum On Patent Venue
NYIPLA Presidents ForumPatent Venue After TC Heartland: Application and Policy Considerations By Mitchell Epner, Programs Committee, NYIPLA (Spring 2018, NYIPLA The Report) On Tuesday, April 24, 2018, the subject of the Annual President’s Forum at the Thurgood MarshallCourthouse of the Southern District of New York was "Patent Venue After TC Heartland." This invitation-only event was […]
IP-Watch Inside Views:Rethinking Article III Standing In IPR Appeals At The Federal Circuit (US)
In January 2018, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit in RPX Corp. v. Chanbond LLC issued a non-precedential order dismissing an appeal by RPX (as a dissatisfied petitioner) of an adverse final written decision in an inter partes review (“IPR”) proceeding initiated in response to RPX’s petition. In particular, by applying is prior […]
IP WatchdogFederal Circuit Asked to Reconsider IPR Ruling in Context of Database Search Algorithms
Charles R. MacedoAmster Rothstein & Ebenstein LLP IP Watchdog reports — On May 9, 2018, Network-1 Technologies, Inc. filed a combined petition for panel rehearing or rehearing en banc with the United States Court of Appeals for the Federal Circuit, requesting reconsideration of the panel’s decision in context of database search algorithms in […]
ARE PTAB Alert: PTAB Denies Tribe’s Request for Sovereign Immunity in Mylan v. Saint Regis Mohawk Tribe
On February 23, 2018, the Patent Trial and Appeal Board (“PTAB”) issued a ruling in Mylan Pharms. Inc., et al. v. Saint Regis Mohawk Tribe, IPR2016-01127, Paper 129 (PTAB Feb. 23, 2018) on the Saint Regis Mohawk Tribe’s (“the Tribe”) motion to terminate. The PTAB denied the Tribe’s motion to terminate under the doctrine of Tribal […]
US Supreme Court holds that the disparagement clause of the Lanham Act is unconstitutional
Journal of Intellectual Property Law & Practice, jpx146,https://academic.oup.com/jiplp/article/doi/10.1093/jiplp/jpx146/4085326/US-Supreme-Court-holds-that-the-disparagement?guestAccessKey=0606b8a6-ed40-4202-9dec-b9150d5e3178 Matal v Tam, 582 US ___ (2017) (Tam)On 19 June 2017 the US Supreme Court issued its decision in Matal v Tam, 582 US ___ (2017) (Tam), holding that the ‘disparagement clause’ of the Lanham Act, which prohibits the federal registration of disparaging trade marks, ‘violates the Free Speech Clause […]
Successful Strategies for Diagnostic Method Patents Journal of Commercial Biotechnology (2017) 23(1), 60:64. doi: 10.5912/jcb783
This article addresses strategies used to obtain patent protection for diagnostic method patents after the 2012 Mayo decision by the U.S. Supreme Court. Copies of the article can be obtained at: http://www.commercialbiotechnology.com/index.php/jcb
ARE Patent Law Alert:USPTO Updates Guidance on Patent Subject Matter Eligibility as Federal Circuit Continues to Issue Decisions Finding Patents Eligible under 35 U.S.C. § 101
The U.S. Patent and Trademark Office (“USPTO”) issued a new memorandum earlier this week regarding recent Federal Circuit decisions on subject matter eligibility under 35 U.S.C. § 101. This is the third such memo it has issued since May to supplement its May 2016 Update to its Guidance on patent subject matter eligibility. The USPTO’s […]
US Supreme Court affirms claim construction standard and denies appeals of decisions to institute inter partes reviews of patents
Cuozzo Speed Techs, LLC, v Lee, US Supreme Court, Docket No 15-446, Judgment, 20 June 2016 Abstract The US Supreme Court affirmed the discretion of the US Patent and Trademark Office (USPTO) to set the standard of claim construction during inter partes review of patents and refused to allow appellate review of decisions to institute […]