ARE Law Serves as Counsel to the NYIPLA in Filing of Amicus Brief in American Axle Request to Supreme Court to Address Patent-Eligible Subject Matter
On January 25, 2020, the New York Intellectual Property Law Association filed an amicus brief urging the U.S. Supreme Court to grant a writ of certiorari in American Axle & Manufacturing Co. Inc. v. Neapco Holdings LLC, No. 20-891. See Brief of New York Intellectual Property Law Association as Amicus Curiae in Support of Petitioner, […]
Copyright Law Alert: New York District Court Dismisses Claims Of Copyright Infringement Involving A Photograph That Depicts Graffiti And Also Finds Alleged Infringement De Minimis
On January 13, 2021, the U.S. District Court for the Southern District of New York granted a motion to dismiss of trademark and copyright claims of a pro se plaintiff’s amended complaint in its entirety in Gayle v. Allee, No. 18 Civ. 3774 (JPC), 2021 U.S. Dist. LEXIS 6756 (S.D.N.Y. Jan. 13, 2021). Specifically, […]
Charley Macedo to Introduce 2021 AUTM Annual Meeting Keynote Speaker
On March 15, partner Charley Macedo will introduce the 2021 AUTM Annual Meeting opening plenary session and keynote speaker, astronaut Ellen Ochoa. 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. Ochoa will discuss the resonant issues […]
ARE PTAB Alert: The PTAB Newly Designates Two Precedential Decisions
On December 17, 2020, the U.S. Patent Trial and Appeal Board (the “Board”) designated two decisions as precedential where, after the evaluation of the Fintiv factors, inter partes review (“IPR”) of a patent was instituted while there were pending litigations in district courts. In determining whether to exercise discretion to deny institution under 35 U.S.C. § […]
Brief of New York Intellectual Property Law Association as Amicus Curiae in Support of Petitioner in American Axle & Manufacturing Co. Inc. v. Neapco Holdings LLC, No. 20-891
ARE Law is proud have had a part in submitting an amicus brief on behalf of the New York Intellectual Property Law Association in American Axle & Manufacturing Co. Inc. v. Neapco Holdings LLC, No. 20-891, urging the U.S. Supreme Court to grant certiorari to clarify the law of patent eligibility as there are conflicting […]
Trademark Law Alert: Trademark Trial and Appeal Board Finds SMART KEYBOARD to Be Generic
In a nonprecedential opinion issued on January 12, 2021, the US Patent & Trademark Office’s (“PTO”) Trademark Trial and Appeal Board (“TTAB”) found the proposed trademark SMART KEYBOARD to be generic. See In re Apple Inc., US Trademark App. Ser. No. 86/857,587 (TTAB decision issued on Jan. 12, 2021). Unless this decision is appealed, as […]
Charley Macedo and David Goldberg to Present NYIPLA Webinar on Getting Ready for Arthrex Oral Arguments: Hear What Amicus Are Saying on Whether PTAB ABJs Were Properly Appointed
At the urging of the New York Intellectual Property Law Association (NYIPLA) –will be leading the discussion, which will include video presentations by various stakeholders on their respective positions. Charley served as lead counsel to the NYIPLA on this matter.
ARE Patent Law Alert: USPTO Publishes Rules Affecting Patent Amendments in Post-Grant Proceedings
On December 18, 2020, the United States Patent and Trademark Office (the “USPTO”) published a final rule addressing the allocation of the burdens of persuasion in relation to motions to amend in post-grant proceedings. The revision will affect the rules of practice in inter partes review (“IPR”), post-grant review (“PGR”) and the transitional program for […]
Trademark Law Alert: Big Changes Coming to U.S. Federal Trademark Practice
The Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 2020 as part of the recently approved second coronavirus relief bill, a/k/a Consolidated Appropriations Act, 2021, H.R. 133, 116th Cong., Div. Q , Title II, Subtitle B (2020), available here. Perhaps because the TMA was passed as part of the […]
Trademark Law Alert: Trademark Modernization Act of 2020 Reimposes a Countrywide Presumption of Irreparable Harm to Aid Parties Enforcing Their Trademark Rights
In our January 11 alert, we reported that the newly enacted second COVID -19 relief and government funding package included trademark act amendments, known as the Trademark Modernization Act of 2020 (“TMA”), which were signed into law on December 27, 2020. We now dive a little deeper into one of the TMA’s most important […]