ARE Trademark Law Alert:SUPREME COURT CONFIRMS THAT IT IS A VIOLATION OF THE FIRST AMENDMENT RIGHT TO FREE SPEECH FOR THE US TRADEMARK OFFICE TO REFUSE REGISTRATION TO IMMORAL OR SCANDALOUS MARKS
(June 24, 2019) In its June 24, 2019 decision in Iancu v. Brunetti, the Supreme Court held that the Lanham Act’s Section 2(a) prohibition against the registration of “immoral” or “scandalous” trademarks violates the First Amendment. This ruling has been widely expected since the Court’s 2017 decision in Matal v. Tam, which held that the […]
In The Press:
Passing of Morton Amster
Our founding partner, Morton Amster, passed away after a long illness on September 2, 2019, one month short of his 92nd birthday. Mort started our firm with nothing but an idea. After a stint as a Patent Examiner in the U.S. Patent and Trademark office in Washington, he rented a room and a desk […]
ARE Patent Law Alert:SUPREME COURT HOLDS CONFIDENTIAL SALES ARE PRIOR ART UNDER THE AIA
On January 22, 2018, in a unanimous opinion penned by Supreme Court Justice Clarence Thomas, the United States Supreme Court affirmed the United States Court of Appeals for the Federal Circuit’s decision holding that a commercial sale to a third party who is required to keep the invention confidential may place the invention “on sale” […]
ARE PTO & PTAB Alert:PTO Updates Guidelines Concerning Subject Matter Eligibility
February 8, 2019) On January 7, 2019, the USPTO issued its latest guidance on patent-eligibility. 2019 Revised Patent Subject Matter Eligibility Guidance, USPTO, 84 Fed. Reg. 50 (Jan. 7, 2019), available at, https://www.govinfo.gov/content/pkg/FR-2019-01-07/pdf/2018-28282.pdf (“the 2019 Guidance”). The 2019 Guidance explains that the USPTO is revising its examination procedure with respect to step one of the Alice test (referred […]
In The Press:
Managing IP Reports on Comments by Partner Charles R. Macedo
Managing IP Reports on Comments by Partner Charles R. Macedo from Protecting Innovations in the Financial Services Industry conference in New York Section 101 uncertainty not stopping patent filing: financial companiesPublished 25 July 2019 (Last Updated 25 July 2019)Author: Patrick Wingrove Managing IP reports: Charley Macedo, partner at Amster, Rothstein & Ebenstein, pointed out that […]
Brief of Amicus Curiae NYIPLA in Support of Respondent, Peter v. Nantkwest, No. 18-801 (S.Ct. Jun. 26, 2019)
Click to download PDF: Brief of Amicus Curiae New York Intellectual Property Law Association in Support of Respondent, Peter v. Nantkwest, No. 18-801
In The Press:
New York Foundation for the Arts Names New Board Chair
New York Foundation for the Arts has appointed Marc Jason, senior counsel at Amster, Rothstein & Ebenstein LLP, as chair of its board of trustees. Jason has been a member of NYFA’s board since 2013, and he specializes in trademark and copyright litigation. He succeeds Judith K. Brodsky, founding director of Brodsky Center for Innovative […]
IPWatchdogIn Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions
On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018). This case raises the important question of whether the U.S. Court of Appeals for the Federal Circuit can refuse to hear an appeal by a […]
In The Press:
Law360 turns to partner Charles R. Macedo for his insights on patent-eligibility under 35 U.S.C. 101 in view of the recent Federal Circuit decision in Cellspin Soft, Inc. v. Fitbit, Inc
Law360 turns to partner Charles R. Macedo for his insights on patent-eligibility under 35 U.S.C. 101 in view of the recent Federal Circuit decision in Cellspin Soft, Inc. v. Fitbit, Inc.: However, since the Federal Circuit had already held that ineligibility must be proven by clear and convincing evidence, "I think that this is really […]
In The Press:Askeladden Continues to Advocate for the Ability of Non-Defendant IPR Petitioners to Appeal Adverse PTAB Decisions
New York, NY — Askeladden filed an amicus brief today with the United States Supreme Court in JTEKT Corp. v. GKN Automotive Ltd. advocating for the Court to review and correct the Federal Circuit’s standing jurisprudence with respect to the ability of non-defendant inter partes review (IPR) petitioners to appeal adverse decisions of the Patent […]