ARE Trademark Alert: The USPTO Issues New Examination Guide on “Geo-Significant” Trademarks for Cheeses and Processed Meats

On May 15, 2020, the United States Patent and Trademark Office (USPTO) has issued a new Examination Guide, “Marks Including Geographic Wording that Does Not Indicate Geographic Origin of Cheeses and Processed Meats,” which sets out procedures for examination of trademark applications for cheeses and processed meats including a geographic term (also-called “geo-significant” wording), which […]

ARE PTAB Alert: PTAB Puts Halt To Remands Under Arthrex Until Scotus Decides

As previously reported, last October a panel at the Federal Circuit held that Administrative Patent Judges (“APJs”) of the PTAB were principal officers of the U.S. Government, and appointed in violation of the Appointments Clause of the U.S. Constitution.   Arthrex v. Smith & Nephew, No. 2018-2140, slip op. (Fed. Cir. Oct. 31, 2019); see […]

ARE Patent Law Alert: The USPTO Unveils Patents 4 Partnerships in an Effort to Facilitate Connections Between Patent Holders and Potential Licensees in COVID-19-Related Technologies

On May 4, 2020, the United States Patent and Trademark Office (USPTO) announced a new web-based intellectual property marketplace platform, Patents 4 Partnerships IP Marketplace Platform (https://developer.uspto.gov/ipmarketplace/), which was created to provide a repository of patents and published patent applications related to the COVID-19 pandemic that are indicated as available for licensing. The platform “provides […]

ARE Trademark Law Alert: Supreme Court Holds That Willfulness Is Not Required for an Award of Profits in Federal Trademark Infringement Cases Brought Under 15 U.S.C. § 1125(a)

On April 23, 2020, the Supreme Court unanimously decided that trademark infringers may be liable for their profits in actions brought under 15 U.S.C. § 1125(a), even if they did not violate the law willfully.  Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-1233, Slip op. at 3, 7 (U.S. Apr. 23, 2020).  This decision […]

ARE PTAB Alert: With Consent of All Parties, U.S. Government Seeks Stay of Mandate In Arthrex For 90 Days or Until Resolution of Petitions for Certiorari to the Supreme Court

As we previously reported on October 31, 2019, a three-judge panel of the U.S. Court Appeals for the Federal Circuit found that Administrative Patent Judges (“APJs”) for the Patent Trial and Appeals Board (“PTAB”) were “principal officers” of the U.S. and thus appointed in violation of the Appointment Clause of the U.S. Constitution, U.S. Const., […]