Charles R. Macedo, David Goldberg and Chandler Sturm Publish National Law Journal Article on ‘Anthrex v. Smith & Nephew’: Are PTAB APJs Constitutionally Appointed?
National Law Journal Article: ‘Anthrex v. Smith & Nephew’: Are PTAB APJs Constitutionally Appointed?On Oct. 31, 2019, the U.S. Court of Appeals for the Federal Circuit issued a shocking decision in which a three-judge panel found that administrative patent judges (APJs) for the Patent Trial and Appeal Boards (PTAB) were appointed in violation of the […]
ARE Law News: Marc Jason Rings NASDAQ Bell as President of the New York Foundation for the Arts
Congratulations to the New York Foundation for the Arts on ringing the NASDAQ bell on March 18. Amster, Rothstein & Ebenstein LLP is proud to have one of our own, senior counsel Marc Jason, serving as president of the organization. Marc is an arts advocate who has served on NYFA’s Board of Trustees since 2013. […]
ARE PTAB Alert: In Split Decision, the Federal Circuit Denied Rehearing En Banc in Arthrex v. Smith & Nephew Inc. on the Constitutionality of How PTAB APJs Are Appointed
In Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) (Arthrex Panel Decision), a three-judge panel of the Federal Circuit, in an opinion authored by Judge Moore, took the extraordinary step of holding that Administrative Patent Judges (APJs) of the Patent Trial and Appeals Board (PTAB) were principal offers of the U.S. but […]
ARE Patent Law Alert: Federal Circuit Holds that Methods for Enriching Cell-Free Fetal DNA from Maternal Blood are Patent Eligible under 35 U.S.C. §101
On March 17, 2020, in Illumina, Inc. v. Ariosa Diagnostics, Inc., a three judge panel of the U.S. Court of Appeals for the Federal Circuit in a split decision reversed a District Court ruling and held that claims directed to methods for enriching cell-free DNA from maternal blood are not invalid under 35 U.S.C. §101 […]
ARE Patent Law Alert: USPTO Clarifies Rules for Petitions Reviving Abandoned Patent Applications and for Making Other Delayed Requests
The USPTO has announced that starting Monday, March 2, 2020, additional information will be required for petitions filed with more than a two-year delay that request revival of an abandoned application, acceptance of a delayed maintenance fee payment, or acceptance of a delayed priority or benefit claim under the unintentional standard. Specifically, the USPTO will […]
ARE Copyright Alert: New York Court Finds Embedded Instagram Photograph Licensed Under Valid Sublicense Contained In Instagram’s Terms Of Use
A federal district court in New York dismissed a copyright infringement case on a motion to dismiss, holding that when a copyright owner posts a photograph on Instagram under a “public” access profile, a third party who embeds a link to the Instagram posting has a valid copyright sublicense through Instagram’s Terms of Use.  Sinclair […]
Charles Macedo to Introduce Keynote Speaker at 2020 AUTM Annual Meeting
On Monday, March 9, partner Charles Macedo will introduce the opening plenary session and keynote speaker, astronaut Ellen Ochoa at the 2020 AUTM Annual Meeting in San Diego. Ellen Ochoa is the first Hispanic woman to go in space. She’s also an inventor and only the second female director of NASA’s Johnson Space Center, where […]
Charles Macedo and Chandler Sturm to Present Celesq and West LegalEdcenter/Thomson Reuters Webinar on PTAB Administrative Patent Judges and the Appointments Clause of the U.S. Constitution
On February 28, partner Charles Macedo and law clerk Chandler Sturm will present a webinar for Celesq and West LegalEdcenter/Thomson Reuters on “PTAB Administrative Patent Judges and the Appointments Clause of the U.S. Constitution.” The program will explore the Federal Circuit’s recent decision in Arthrex, Inc. v. Smith & Nephew, which held that the current […]
In the Press: Amster Rothstein & Ebenstein and Max Vern Named to the World Trademark Review’s 1000 List
Amster Rothstein has been ranked among the top trademark firms in the world in the United States: New York category by the World Trademark Review. In addition, partner Max Vern is repeatedly named a leading individual in the WTR1000 2020 directory. The firm is noted for being “A nimble boutique with a gift for efficient […]
ARE Trademark Law Alert: USPTO Revises Rule Requiring Public Email Addresses for Applicant/Registrant Trademark Filings
On February 7, the U.S. Patent and Trademark Office (USPTO) issued its new guidelines regarding electronic filing and electronic communications with attorneys and trademark owners. The most significant change under the rule, which was implemented on February 15 after a revised guidance was issued the day prior due to various attorney concerns, will require all […]