Posts filtered by tags: PTO[x]


 

Arthrex: Federal Circuit now Staying Cases Pending Supreme Court Resolution

Uniloc 2017 LLC v. Google LLC (Fed. Cir. 2020) (Appeal Nos. 19-2277 and 19-2307) Conventional wisdom is now that the Supreme Court will grant certiorari in Arthrex on the questions of (1) whether a PTAB judge is a principal Officer under the U.S. Constitution and if so (2) what result? In this pair of pending inter partes review appeals, the Federal circuit has agreed with the patentee that the proper course of action at this point is to wait for a resolution of Arthrex: Uniloc 2017 LLC moves to...
Tags: Supreme Court, Law, US, Patent, Fed, PTO, Federal Circuit, Arthrex Inc, Smith Nephew Inc, PTAB, Arthrex, Uniloc, Google LLC, Google LLC Fed, Uniloc 2017 LLC, Supreme Court Uniloc


Guest Post: Fast Examiners; Slow Examiners; and Patent Allowance

Prof. Shine Tu (WVU Law) has been doing interesting work studying patent prosecution and how differences between patent examiners impact the process.  I asked him to provide a guest post to help readers get started on his work. – DC by Shine Tu Although we know that individual patent examiners can greatly affect an inventor’s chance to (1) get a patent at all and (2) get it in a timely way, there has been very little work determining how examiners are able to either delay or compact prosecution ...
Tags: Law, US, WVU, Patent, Usc, LexisNexis, PTO, Office Actions, Shine Tu Although, Office Action to Grant OGR


Federal Circuit Narrows Application of Hooke’s Law, but Still Wields the Ineligibility Hammer

by Dennis Crouch American Axle & Mfg. v. Neapco Holdings (Fed. Cir. July 31, 2020).  When I talked with PTO Director Andrei Iancu a few months ago, he lamented that the Federal Circuit is now finding the manufacturing of Truck Axles and operation of Garage Door Openers ineligible for patenting.  The Federal Circuit panel has rewritten its Axle decision — now holding that American Axle’s asserted claim 1 might be eligible; Claim 22 remains ineligible. The court was evenly divided six-to-six on t...
Tags: Law, Patent, Moore, PTO, Taranto, Federal Circuit, American Axle, Dennis Crouch, Dyk, Axle, Andrei Iancu, Federal Circuit Narrows Application of Hooke, American Axle Mfg, Neapco Holdings Fed Cir, En Banc Denial


Sanctions against the Attorney

Lippert Components Mfg., Inc. v. Ryan Matthew Fountain v. MORryde Int’l. (Fed. Cir. 2020) In this case, Lippert sued MORryde for patent infringement and the defendant hired Ryan Fountain as litigation counsel.  As part of its defense, the MORryde argued that the PTO had failed to properly conduct its examination and that, therefore, the presumption of validity should not apply.  The pleading alleges: 35 U.S.C. §282 is inherently and necessarily dependent upon the USPTO complying with 35 U.S.C. §...
Tags: Supreme Court, Law, Uspto, Patent, Fountain, Fed, Citrix Systems Inc, District Court, PTO, Federal Circuit, Comcast Corp, Lippert, i4i Ltd, Lippert Components Mfg Inc, Ryan Matthew Fountain, MORryde Int ' l Fed


Hot Pocket or Hot Potato?: Parallel Infringement + Antitrust Lawsuits

by Dennis Crouch Inline Packaging, LLC v. Graphic Packaging Intl., LLC, 962 F.3d 1015 (8th Cir. 2020) The 8th Circuit recently decided this antitrust-patent–affirming the district court’s summary judgment in favor of the patentee finding no antitrust violations. The setup: Graphic worked with Nestlé to redesign the susceptor sleeve package for Hot Pockets. Graphic obtained several design patents covering the design. For many years, Graphic supplied the product to Nestlé .  However, in 2014, Nes...
Tags: Law, Patent, Graphic, Fed, District Court, PTO, 8th Circuit, Stryker Sales Corp, INLINE, Dennis Crouch Inline Packaging LLC, Graphic Packaging Intl LLC, Hot Pockets Graphic, Graphic Packaging International LLC, Inline Packaging LLC, Food Mach Chem Corp, See Pro Mold Tool Co


Federal Circuit: Amended Claims in IPR Should be Subject to Full Examination (Including 101)

by Dennis Crouch Uniloc 2017 LLC v. Hulu, LLC & Netflic, Inc. (Fed. Cir. 2020) A divided Federal Circuit has authorized the PTAB to consider patent-eligibility challenges during inter partes review (IPR) proceedings in the context of a patentee’s motion to amend the claims.   Uniloc had moved to amend with substitute claims and Hulu opposed. The PTAB then denied the motion to amend — concluding that the proposed claims were not subject matter eligible under Section 101.  The PTAB’s subsequent re...
Tags: Supreme Court, Law, Congress, Uspto, Hulu, Patent, Fed, O'Malley, PTO, Federal Circuit, Wallach, IPR, Dennis Crouch, PTAB, Uniloc, Matal


Reconsidering DESCRIPTIVE.COM trademark registrations after BOOKING.COM

by Dennis Crouch In re: GJ & AM, LLC, Docket No. 19-01214 (CA Fed 2020) (CookinPelletsCOM) In this case GJ&AM is seeking to register a trademark on the mark “COOKINPELLETS.COM.”  The company sells grilling pellets on its website as well as via Amazon and local dealers. The USPTO refused to register the mark — finding “cookinpellets.com” would be “understood by consumers as referring to a company that sells cooking pellets online.”  The Board (TTAB) also used the (former) shortcut almost-per-se ...
Tags: Amazon, Supreme Court, Law, Court, Uspto, Patent, Board, The Supreme Court, PTO, Federal Circuit, Dennis Crouch, Ttab, Pat Trademark


Microsoft is giving retail employees until July 26 to meet certain conditions to keep their jobs, find new roles, or resign, sources say (MSFT)

With Microsoft closing its retail stores, the company announced plans to move store employees into remote support roles and said there would be no layoffs as a result of the decision. But according to sources and emails viewed by Business Insider, Microsoft has given employees until July 26 to decide if they can meet certain conditions to retain their jobs, or resign. In most cases, employees will be asked to work within daytime hours on weekdays, and work from home, or in physical offices whe...
Tags: Microsoft, Trends, Business Insider, PTO, Leslie Odom Jr, Redmond Washington, Ashley Stewart, Business Insider Microsoft, London New York Sydney, Hugh Langley


Woops: Fixing an error in my prior chart on patent grants

A few days ago I posted a chart showing the number of patents granted per year.  That chart had a major error.  I had inadvertently included data from all issued patents (utility + design + plant + reissue) for the pre-2020 bars, but the 2020 forecast only included utility patents.  This made the current year forecast appear small in comparison. Sorry for temporarily leading folks astray. Please find a corrected chart below (with 1-additional week of data). The chart still shows a forecast of 20...
Tags: Law, Patent, PTO


United States: PTO Extends Time For Small And Micro Entities To Pay Certain Fees - McDermott Will & Emery

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the US Patent and Trademark Office (PTO) extended the time for small and micro entities to make certain fee payments until September 30, 2020.
Tags: News, US, United States, Emery, McDermott, PTO, Trademark Office PTO


If COVID teaches us anything, it’s save now for the unexpected

Last year, while enjoying a lovely dinner with several friends at a favorite local restaurant, our evening was disrupted by a phone call. The news was devastating. While we were spending an evening filled with laughter and camaraderie, a husband of one of the ladies was at home watching their children. He needed something that was stored in the attic and climbed up the access ladder to obtain the item. The access ladder, which was permanently attached to the entrance of the attic, suddenly gave ...
Tags: Business, California, Advice, Sport, Soccer, Social Security, Federal Reserve, PTO, TERI, Teri Parker, CAPTRUST


Vaporize your Fingerprints: Toyota’s Invention Inherently Obvious

by Dennis Crouch Toyota Motor Corp. v. Reactive Surfaces Ltd., LLP (Fed. Cir. 2020) (nonprecedential) Toyota’s US8394618 covers a method of removing fingerprints using a lipase “capable of enzymatically degrading a component of the fingerprint” by vaporization. Reactive had previously attempted to trigger an interference proceeding at the PTO and then unsuccessfully sued in Federal Court to have the patent rendered unenforceable (or to transfer ownership rights).  Those approaches failed. This ...
Tags: Law, Toyota, Patent, Board, Federal Court, PTO, Toyota Motor Corp, Federal Circuit, IPR, Dennis Crouch, Reactive Surfaces Ltd LLP Fed, PAR Pharm Fed


USPTO Grants

For patent issuance, we are just over 1/2 way through the calendar year after passing through 27 of  52 tuesdays.  (The USPTO always releases newly issued patents on Tuesday morning just after midnight). The chart below shows the number of utility patents issued per calendar year for the past decade. For 2020, the blue portion shows thus-far in 2020 and the orange forecasts the rest of 2020 based upon the year thus far. What is happening here – Although the PTO was set to continue its trend from...
Tags: Law, Patent, PTO


Novel, Technological, and an Abstract Idea

by Dennis Crouch Primbas, et al. v. Iancu (Supreme Court 2020) This new petition for certiorari asks the following question: Whether recitation in a patent claim of a combination of steps determined to be inventive over an idea is “sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [idea] itself.” Petition, quoting Alice. Christopher Primbas and his co-inventor Philip Stamataky are seeking to patent their method of eliminating coins from cash tr...
Tags: Supreme Court, Law, Patent, PTO, Rader, PTAB, Iancu Supreme Court, Federal Circuit R, Dennis Crouch Primbas, Alice Christopher Primbas, Philip Stamataky, Jeremy Doerre


Making Sense of PPP Forgiveness, One Chapter of Your Business Story

As a professional bookkeeper, I’ve seen many small business owners scramble to secure a Paycheck Protection Program (PPP) loan, striving to weather the economic impact of COVID-19. For those that did secure funds, they were soon met with guidance on loan forgiveness from the Small Business Administration that was hard to decipher and added further complexity around the financial certainty of their business. In an effort to bring clarity to these unchartered waters, I wanted to share some informa...
Tags: Business, Money, California, Treasury, PPP, Cfl, Right Now, State, Small Business Administration, PTO, SBA, QuickBooks, AK, Intuit Inc, QuickBooks Capital, COVID


Fast-track Appeals

The USPTO has started its appeal fast-track program — “Fast-Track Appeals Pilot Program.”  The program includes a $400 cut-in-line progrea launches July 2, 2020. The required petition fee for cutting-in-line is $400. There are already a group of cases that are treated “special” for appeals, including reissues, reexaminations, and cases “made special.”  But, the USPTO Examination Track-1 cases are not currently treated as special on appeal. The Patent Act provides a right to appeal to the PTAB on...
Tags: Law, US, Uspto, Patent, PTO, PTAB


Apple's back-to-school deals include discounts on Macs and iPads, plus you can get a free pair of AirPods

  Apple products are some of the hottest around during the back-to-school season, but they've always been set at luxury or premium prices. Every year, Apple offers an education discount on some of its products most closely aligned with school work, namely MacBooks, Macs, and iPads. This year, students and educators can also get a pair of Apple AirPods for free when they buy a Mac, MacBook, or iPad. You can also save 20% on AppleCare+ device protection, and each purchase comes with one year of...
Tags: Apple, Mac, Trends, Macbook, MacBook Air, Apple Music, Homeschool, PTO, Joe Osborne, PTA, MacBook Apple, Compressor, MacBooks Macs, Mac MacBook, Apple Education Discount, Higher Education institution Shop


Apple's back-to-school deals include discounts on Macs and iPads, plus you can get a free pair of Beats headphones until September 26

  Apple products are some of the hottest around during the back-to-school season, but they've always been set at luxury or premium prices. Every year, Apple offers an education discount on some of its products most closely aligned with school work, namely MacBooks, Macs, and iPads. This year, students and educators can also get a pair of Apple AirPods for free when they buy a Mac, MacBook, or iPad. You can also save 20% on AppleCare+ device protection, and each purchase comes with one year of...
Tags: Apple, Mac, Trends, Macbook, MacBook Air, Apple Music, Homeschool, PTO, Joe Osborne, PTA, MacBook Apple, Compressor, MacBooks Macs, Mac MacBook, Apple Education Discount, Higher Education institution Shop


Workplaces prepare for 'PTO bomb' as vacation-starved employees make time-off requests

Workers are skipping time off, and companies want to avoid end-of-year jam.
Tags: PTO


Workplaces prepare for 'PTO bomb'

Workers are skipping time off, and companies want to avoid end-of-year jam.
Tags: PTO


Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


time to register your generic.com

United States Patent & Trademark Office (USPTO) v. Booking.Com B.V. (Supreme Court 2020) [Full Decision PDF] In this trademark case, the USPTO asked the court to implement its “nearly per se” rule that a generic term remains generic even if coupled with a generic top level domain (such as “.com”).  The 4th Circuit sided with BOOKING.COM and the Supreme Court has now affirmed: “[W]e discern no support for the PTO’s current view in trademark law or policy.” Id. According to the majority, the ques...
Tags: Supreme Court, Law, Uspto, Patent, Travelocity, Ginsburg, PTO, Goodyear, Sotomayor, Breyer, United States Patent Trademark Office USPTO, Booking com, Goodyear Rubber Co, Booking Com B V Supreme Court, Goodyear 's India Rubber Glove Mfg Co


Employers brace for a ‘PTO bomb’ as vacation-starved employees make time-off requests

Among the myriad challenges employers face at the mid-point of this difficult year is how to manage the stockpiles of unused paid time off that many employees have accumulated as COVID-19 sidelined spring break trips and summer getaways.
Tags: PTO


Employers brace for a ‘PTO bomb’ as vacation-starved employees make time off requests

Among the myriad challenges employers face at the mid-point of this difficult year is how to manage the stockpiles of unused paid time off that many employees have accumulated as COVID-19 sidelined spring break trips and summer getaways.
Tags: PTO


United States: IRS Provides Guidance On PTO Donation Programs To Aid Victims Of The COVID-19 Pandemic - Ogletree, Deakins, Nash, Smoak & Stewart

The novel coronavirus (COVID-19) continues to cause widespread challenges for employers and their employees. Accordingly, employers have implemented a number of policies and programs to assist employees and others...
Tags: News, United States, Irs, Stewart, PTO, Ogletree Deakins Nash Smoak


United States: PTO Extends Time To Petition For Restoration Of Right Of Priority Or Benefit - McDermott Will & Emery

The US Patent and Trademark Office (PTO) extended the time to petition for restoration of the right of priority or benefit to certain prior-filed applications.
Tags: News, US, United States, Emery, PTO, Trademark Office PTO


When does a PTO Cancellation undermine a District Court Judgment of Infringement?

PhaZZer v. Taser (Supreme Court 2020)  [Petition for writ of certiorari] PhaZZer defaulted in the litigation and the district court awarded $7.8 million to Taser. On appeal, the Federal Circuit quickly issued a R.36 no-opinion affirmance in 2019.  Then, in February 2020 the USPTO finally cancelled the claims of the asserted patent (via reexamination). US7234262. Because of the bankruptcy stay, PhaZZer apparently had time to wait for the USPTO reexamination decision, although that case has no...
Tags: Supreme Court, Law, Uspto, Taser, Patent, The Supreme Court, District Court, PTO, US Court of Appeals for the Federal Circuit, Federal Circuit, Petitioner, Chrimar, PhaZZer, Taser Supreme Court


Why You Should Take A PTO Day When You’re Working from Home

While we are working from home week in and week out, the lines between personal and professional time blur together like the days of the week. In the last few weeks, I’ve found myself thinking “Oh great it’s Monday” only, surprise! it’s actually Thursday! (this has happened more than once). I find myself logging in earlier, and sending emails later, and checking my inbox when I’m walking the dog, reading the chats from my Microsoft Teams app on my phone while making a meal, and overall just obse...
Tags: Microsoft, Careers, PTO, Sarah MORGAN


Assignor Estoppel

In Hologic, Inc. v. Minerva Surgical, Inc., 957 F.3d 1256 (Fed. Cir. 2020), the court upheld the doctrine of “assignor estoppel” but also found that it could be collaterally attacked via IPR since the PTO does not enforce the doctrine.  The panel – led by Judge Stoll — also called for reconsideration of the doctrine “as it applies both in district court and in the Patent Office.” The patentee in this case want the the court to broadly hold that assignor estoppel cannot be circumvented via IPR pr...
Tags: Law, Patent, Fed, PTO, Patent Office, Federal Circuit, Hologic Inc, Stoll, Mark Lemley Stanford, Minerva Surgical Inc


United States: PTO Proposes PTAB POPR Presumption Principle Permutation - Jones Day

On May 27, 2020, the USPTO announced a notice of proposed rulemaking that would affect IPR, PGR and CBM proceedings.
Tags: News, United States, Uspto, PTO