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1
Prosecution Pointer 98
The USPTO regularly offers its Stakeholder Training on Examination Practice and Procedure for individuals who have recently passed the Patent Bar for the purpose of representing applicants before the USPTO.
United States
18 Oct 2017
2
First AIA Trial Extended Beyond 12 Months For Good Cause
Earlier this month the Patent Trial & Appeal Board (PTAB) determined, for the first time, that good cause existed to extend a trial beyond the mandated 12 months of 35 U.S.C. § 316(a)(11).
United States
18 Oct 2017
3
Chief Judge Stark Rejects Motion For Enhanced Damages Award Due To The Public Interest In The Accused Hepatitis C Virus Treatments
Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—"the largest damages verdict ever returned in a patent [infringement] trial"…
United States
18 Oct 2017
4
Snow Discusses CBM Review & PTAB's Refusal To Adopt "Time Of Filing" Rule
Covered business method (CBM) review - an administrative trial conducted to determine the validity of a patent - can be an attractive tool for accused patent infringers looking to challenge a patent.
United States
18 Oct 2017
5
TTAB Test: Which Of These Three Section 2(D) Refusals Was Reversed?
It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.
United States
18 Oct 2017
6
Big Brown v. PowerPoint Pilferers In Trade Secret Spat
Earlier this week, the United Parcel Service, Inc. ("UPS") filed a lawsuit in the Northern District of Georgia, Atlanta Division, against several unidentified UPS pilots, who are referred to in the complaint as "John Does 1-5."
United States
18 Oct 2017
7
USPTO Will Continue To Apply Lower In Re Packard Indefiniteness Standard During Examination
The USPTO Patent Trial and Appeal Board announced that it will continue to reject claims as indefinite under 35 U.S.C. § 112(b) when they contain words or phrases whose meaning is "unclear," ...
United States
18 Oct 2017
8
SAS Institute & The PTAB: Be Afraid Patent Owners
The Supreme Court will get a heavy dose of the PTAB on November 27th. That is the day the High Court will hear oral arguments in both the Oil States and SAS Institute appeals.
United States
18 Oct 2017
9
Does the Standard Word Mark CALIFORNIA REPUBLIC Create a Likelihood of Confusion with a Registered Mark Incorporating the Words "REPUBLIK of KALIFORNIA"?
That was the question the Trademark Trial and Appeal Board (the "Board") sought to answer in the application proceedings of In re Don Calder.
United States
18 Oct 2017
10
General Plastic Industrial Co. V. Canon Kabushiki Kaisha: PTAB Explains Factors For Follow-On Petitions
On September 6, 2017, an expanded panel of the Patent Trial and Appeal Board issued an "informative" decision in General Plastic Industrial Co., Ltd, v. Canon Kabushiki Kaisha setting forth the Board's framework ...
United States
17 Oct 2017
11
TTAB Test: Is "PERSON" Merely Descriptive Of Wearable Electronic Devices?
The USPTO refused registration of the applied-for mark PERSON, finding it merely descriptive of wearable computers, wearable electronic devices, smart watches, and other goods.
United States
17 Oct 2017
12
Federal Circuit Overturns PTAB Fact-Finding Regarding Conception Of Invention
In IPR2014-01198, the PTAB found that the patent owner failed to prove that the patented invention was conceived prior to the date of the prior art, and thus concluded that the patent was unpatentable.
United States
17 Oct 2017
13
European Union Trademark Reform—Further Changes Have Arrived
Alterations to the European Union's trademark laws came into force on October 1, 2017. The Result: The changes address matters relating to certification marks and will also introduce a number of procedural changes.
European Union
17 Oct 2017
14
Federal Circuit Questions Written Description For Antibody Claims
The October 5, 2017 Federal Circuit decision in Amgen Inc. v. Sanofi is getting a lot of attention for its commercial impact...
United States
17 Oct 2017
15
Asserted Claims Found Indefinite In Electrical Connectors Investigation
In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite.
United States
17 Oct 2017
16
Instructional Materials Not Always Sufficient To Show Induced Infringement
In a recent Initial Determination, Administrative Law Judge Shaw concluded that the Complainant's reliance on marketing and instructional materials was not sufficient to prove inducement...
United States
17 Oct 2017
17
Federal Circuit Rejects Some USPTO Requirements For Amending Claims During IPR Proceedings
On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board)...
United States
17 Oct 2017
18
Judge Agrees – YouTube Mockery Protected by Fair Use
Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions.
United States
17 Oct 2017
19
Federal Circuit Splits On Deference To Agency Rules
The US Court of Appeals for the Federal Circuit (the Court), sitting en banc, issued its long-anticipated decision in Aqua Products...
United States
16 Oct 2017
20
Federal Circuit OK's Use Of Post-Priority-Date Evidence
The US Court of Appeals for the Federal Circuit issued its opinion on October 5 in Amgen Inc. v. Sanofi, Case No. 2017-1480...
United States
16 Oct 2017
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