Posts filtered by tags: Uspto[x]


 

United States: TTABlog Test: Is NUB GLOVE Merely Descriptive Of Bowling Gloves, Balls, And Hole-Drilling Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark NUB GLOVE for "Bowling gloves and bowling balls
Tags: News, United States, Uspto, Wolf Greenfield


Estoppel of Any “Ground”

by Dennis Crouch Network-1 Techs. v. Hewlett-Packard Co. (Fed. Cir. 2020) In this case, the E.D. Tex. jury came back with a win for the defendant — finding that HP did not infringe Network-1’s US6218930 and that the patent was invalid.  Post-Verdict, the district court flipped on validity — holding that HP was estopped from raising its obviousness challenge because it had joined an (unsuccessful) IPR against the patent. The invention here relates to logic for sending a power-supply on the same...
Tags: Law, Hp, Uspto, Patent, Federal Circuit, IPR, Avaya, Tex, PTAB, De Nicolo, Dennis Crouch Network, Techs, Hewlett Packard Co Fed, Matsuno


United States: Prosecution Pointer 243 - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In June of 2020, the USPTO published Revision 10.2019 of the M.P.E.P.
Tags: News, United States, Uspto, Finnegan Henderson Farabow Garrett, Dunner LLP


What if AI Invents Some or All Claimed Inventions?

By David Hricik, Mercer Law School I’ve written a few posts about how I used specif.io to draft a patent application: I submitted a claim I’d found in a published application and the service drafted a 15-page spec, and created two figures.  Plainly, I invented nothing but assume for a moment I’d invented what had been claimed and that there was more disclosed in the spec than what I’d invented — the latter I think is fact but let’s assume it. Let’s also assume that I add claim 2 once I see the m...
Tags: Law, Ethics, Uspto, Wipo, AIPLA, David Hricik, Mercer Law School, UKIPO


United States: TTABlog Test: Is "KEZAR" For Pharmaceutical Products Primarily Merely A Surname? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the proposed mark KEZAR for pharmaceuticals and chemicals for use in the manufacture of pharmaceuticals...
Tags: News, United States, Uspto, Kezar, Wolf Greenfield


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Yasmine Jacob: TikTok in Hot Water After Being Sued Over Patent Infringement (Source: Independent Online) Chris Burt: Apple Granted Patents for Under-Display Fingerprint Biometrics and Face ID Upgrades (Source: Biometric Update) Stephen Randall: Titan Medical Announces Intellectual Property Portfolio Expansion with Issuance of Robotic Surgery Patents Related to Camera and System Control (Source: Business Wire) Vipin Bharathan: US Postal Service Files a Pate...
Tags: Europe, Law, US Postal Service, Uspto, Patent, Jorge L Contreras, Jonas Anderson, Bits and Bytes, Juvan Bonni, Tiktok, Chris Burt, Paul R Gugliuzza, Yasmine Jacob, Stephen Randall, Business Wire Vipin Bharathan, Forbes Michael Kan


United States: USPTO Announces New Program To Promote Publication Of COVID-19 Innovation - Foley & Lardner

In an effort to both promote innovation against COVID-19 and promote dissemination of information about innovation against COVID-19, the USPTO is launching a new "deferred fee" pilot program...
Tags: News, United States, Uspto, Foley, Lardner


United States: USPTO Launches National Council For Expanding American Innovation - Oblon, McClelland, Maier & Neustadt, L.L.P

On Monday, September 16, 2020, the USPTO issued a press release announcing the launch of "a major initiative aimed at expanding invention, innovation, and entrepreneurship in the United States."
Tags: News, United States, Uspto, Neustadt


United States: TTABlog Test: Is "MF MIRANDA FRYE & Design" Confusable With "FRYE" For Jewelry? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the word-plus-design mark shown below, for jewelry, on the ground of likelihood of confusion with the registered mark FRYE,...
Tags: News, United States, Uspto, Wolf Greenfield


The Public-Private Role of Federal Reserve Banks

Bozeman Financial LLC v. Federal Reserve Bank of Atlanta, et al. (Supreme Court 2020) The question in this case is whether the Federal Reserve Banks are people.  The Patent Act allows any “person” to file a petition for covered-business-method review (or IPR/PGR). Return Mail, Inc. v. United States Postal Serv., 139 S. Ct. 1853 (2019) held (1) the U.S. Gov’t is not a person under the statute and (2) consequently the USPS (a branch of the US gov’t) is not permitted to petition the USPTO for revie...
Tags: Supreme Court, Law, Senate, Court, US, United States, Usps, Uspto, Federal Reserve, AIA, Patent, Board, Freddie Mac, Alexander Hamilton, Bozeman, PTO


Federal Circuit Statistics Update – September 2020

By Jason Rantanen Last week we released version 1.16 of the Compendium of Federal Circuit Decisions, which is a publicly-available dataset containing information about all documents published by the Federal Circuit on its website since 2004 (which includes all opinions and, since 2007, all Rule 36 summary affirmances).  The Compendium was designed from the ground-up to be used for empirical research rather than as a conventional legal research tool. Generally, there haven’t been any striking ch...
Tags: Law, Uspto, Patent, Moore, PTO, Federal Circuit, Prost, District Courts, Jason Rantanen, Lourie, Compendium of Federal Circuit Decisions, COVID, Federal Circuit Statistics Update, PTO Affirmance, Dan Kieffer Lindsay Kriz Ryan Meger, Madison Murhammer Colon


United States: TTABlog Test: Is HERITAGE SOUTHEAST BANK Confusable With SOUTHEAST BANK (Stylized), For Banking Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark HERITAGE SOUTHEAST BANK [BANK disclaimed], on the ground of likelihood of confusion with the mark SOUTHEAST BANK in the stylized form shown immediately below
Tags: News, United States, Uspto, SouthEast Bank, Wolf Greenfield


Gods and Monsters reportedly retitled Immortals Fenyx Rising over trademark issue

Ubisoft changed the title of Gods & Monsters to Immortals Fenyx Rising due to a dispute with Monster Energy, according to information on the USPTO website.
Tags: Gaming, News, Trends, Monster Energy, Uspto, Ubisoft, Gods & Monsters, Breaking Twitter, Immortals Fenyx Rising


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Graham Simmonds: Aion Therapeutic Files Five Patents with the United States Patent and Trademark Office (Source: Yahoo Finance) Kirsten Errick: Apple, Cisco, Google and Intel Sue PTO Over New NHK-Finitiv Rule for IPR (Source: Law Street) Malcolm Owen: Apple Returns Fire in Koss AirPods Patent Infringement Battle (Source: Apple Insider) Matthew Bultman and Ian Lopez: Big Bonuses for Patent Appeals Judges Raise Fairness Questions (Source: Bloomberg Law) Taylo...
Tags: Law, United States, Uspto, Patent, Yahoo Finance, Jorge L Contreras, Ian Lopez, Bits and Bytes, Juvan Bonni, Matthew Bultman, Apple Cisco Google, Graham Simmonds, Aion Therapeutic Files Five Patents, Kirsten Errick, Intel Sue PTO, Malcolm Owen


Money to feed the goats: Attorney Fees at the Federal Circuit

by Dennis Crouch I previously wrote about the case of Bank v. Al Johnson’s Swedish Rest., Docket No. 19-01880 (Fed. Cir. 2019).  The dispute is over whether the USPTO should cancel Al Johnson’s registered trademark for goats on a green roof. To be clear – the mark is not the image of goats on a roof, but instead is an actual building with live goats walking around on the roof. [Goat Cam] Bank challenged the registration on several grounds, including improper functionality and disparaging (toward...
Tags: Law, Uspto, Bank, Patent, Fed, Federal Circuit, Dennis Crouch, Ttab, Al Johnson, Supreme Court Petition, Mr Bank, Swedish Restaurant, Tam Discussion of the Federal Circuit Decision, Swedish Restaurant Federal Circuit Original


A history of foldable smartphones in photos, from the groundbreaking Kyocera Echo to Microsoft's ambitious new Surface Duo

Folding phone. Business Insider screenshot Foldable phones have been around as a concept for more than a decade, but some are finally on the market.  They tend to be expensive and sometimes clunky, according to reviewers. Microsoft just launched the two-screen Surface Duo to mixed reviews.  Visit Business Insider's homepage for more stories.  Foldable phones might be the future of smartphones.Tech giants like Huawei, Motorola, and Samsung have all released foldable phones, and Microsoft ju...
Tags: Apple, Google, Motorola, Microsoft, Nokia, US, Samsung, Trends, Tech, Features, Ubs, Uspto, Oled, Huawei, ZTE, Cnet


Welcome Back to TM Incapability and Merely Informational USPTO Refusals

Welcome back to another edition of Merely Informational and Incapable Marks. The above neighborhood Applebee’s is on my usual route to going anywhere from our home, so I’m predicting I’ve passed by well more than 10,000 times. The temporary “Dining Room Open” signage is a recent addition from a few months ago, when Minnesota restaurants began to re-open their dining rooms. Over the years, I’ve focused on the more permanent Welcome Back! above-door signage, wondering if Applebee’s ever has attem...
Tags: Food, Television, Minnesota, Advertising, Marketing, Articles, Information, Signs, Uspto, Capability, Branding, Trademarks, Owens Corning, Applebee, Pink Panther, John Sebastian


United States: TTABlog Test: Is CLINCH PICK For Knives Confusable With CLINCH DRIVE For Wrenches? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark CLINCH PICK for "Military and tactical knives; fixed bladed knives" [PICK disclaimed] on the ground of likelihood of confusion with the registered mark...
Tags: News, United States, Uspto, Wolf Greenfield


Revised Opinion in Windy City: Court Still Bars Self-Joinder in IPR Proceedings

by Dennis Crouch Facebook v. Windy City (Fed. Cir. 2020) [WindyCity Original OP] [WindyCity Revised OP][WindyCity Mark-up Showing Changes] This was an important PTAB JOINDER case when it was decided by the Federal Circuit back in March 2020.  (Panel of Chief Judge Prost with Judges Plager and O’Malley).  The en banc court has now denied rehearing, but the original panel has also revised its opinion to take into account the the Supreme Court’s intervening decision in Thryv. In Civil Procedure, jo...
Tags: Facebook, Supreme Court, Law, Uspto, AIA, Patent, Board, O'Malley, PTO, Windy City, Federal Circuit, Prost, IPR, Dennis Crouch, PTAB, Plager


Big Tech is Suing the Patent Office

Apple, Google, Cisco and Intel this week sued the U.S. Patent and Trademark Office, challenging the agency's recent rule that it can refuse to adjudicate patent claims while litigation about them is pending in court. From a report: The companies say the rule hurts innovation and their legal rights, letting invalid patents stay on the books while lawsuits slowly wend their way through court. The rule, which was introduced by the USPTO in March and became final in May, deals with the agency's obli...
Tags: Tech, Cisco, Intel, Uspto, Patent Office, U S Patent and Trademark Office, IPR, Apple Google Cisco, Mark Chandler, Axios Cisco


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: David Lawder and Chizu Nomiyama: U.S. Trade Panel Launches Patent Infringement Probe into Apple Devices (Source: Reuters) David Lee: Apple Must Pay Over $506 Million in 4G LTE Patent Dispute (Source: Courthouse News Service) Shanthi Rexaline: Moderna’s Patent Filings, Applications Under Defense Department Review: Report (Source: Bezinga) Corinne Reichert: Sonos Wireless Headphones Detailed in Patent (Source: CNET) Source: USPTO Commentary and Journal A...
Tags: Law, Uspto, Patent, Courthouse News Service, Cnet, Reuters, David Lee, U S Postal Service, David Lawder, Chizu Nomiyama, Moderna, Bits and Bytes, Juvan Bonni, U S Trade Panel Launches Patent Infringement Probe, Shanthi Rexaline, Bezinga Corinne Reichert


Guest Post: Silicon Valley’s APA Challenge to PTAB Discretion

Guest post by Saurabh Vishnubhakat, Professor at the Texas A&M University School of Law and College of Engineering.  Professor Vishnubhakat was formerly an advisor at the USPTO, but his arguments here should not be imputed to the USPTO or to any other organization. This week, four iconic Silicon Valley technology companies—Apple, Cisco, Google, and Intel—sued the USPTO under the Administrative Procedure Act.  The lawsuit challenges the USPTO’s so-called NHK-Fintiv rule, named after a pair of int...
Tags: Apple, Texas, Supreme Court, Law, Congress, Court, Intel, Uspto, SEC, Silicon Valley, AIA, Patent, Apple Inc, Ftc, Board, Lee


Why Trademarks Are So Valuable for Your Small Business

Amid the COVID-19 pandemic, small business confidence is slowly rising in the third quarter of 2020. According to the CNBC | SurveyMonkey Small Business Survey, the Confidence Index Score for small businesses was 49 in Q2 of 2020; it has since risen to 53 for Q3. This uptick, however slight it may be, signifies small businesses still have a difficult road ahead in recovering from the COVID-19 pandemic. One positive note from the survey is that 36% of businesses state that current operating condi...
Tags: Legal, Sales, Uspto, Cnbc, Trademarks, McDonald, Tess, United States Patent and Trademark Office USPTO, Starting A Business, Trademark Application, Naming Your Business, Deborah Sweeney, COVID-19, Applying For A Trademark


United States: USPTO Weighs In On IT Modernization In CXOTalk Interview - Mintz

How does an important U.S. government agency modernize its operations, especially during a global health crisis?
Tags: News, United States, Uspto, Mintz


Why Trademarks Are So Valuable for Your Small Business

Amid the COVID-19 pandemic, small business confidence is slowly rising in the third quarter of 2020. According to the CNBC | SurveyMonkey Small Business Survey, the Confidence Index Score for small businesses was 49 in Q2 of 2020; it has since risen to 53 for Q3. This uptick, however slight it may be, signifies small businesses still have a difficult road ahead in recovering from the COVID-19 pandemic. One positive note from the survey is that 36% of businesses state that current operating condi...
Tags: Legal, Sales, Uspto, Cnbc, Trademarks, McDonald, Tess, United States Patent and Trademark Office USPTO, Starting A Business, Trademark Application, Naming Your Business, Deborah Sweeney, COVID-19, Applying For A Trademark


United States: TTABlog Test: Is SALTY BULL BREWING Confusable With TORO SALAO For Restaurant Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark SALTY BULL BREWING & Design (shown below) for "Restaurant and bar services; Taproom services; Taproom services featuring beer brewed on premises.
Tags: News, United States, Uspto, Wolf Greenfield


United States: LEAP Eligible Practitioners Try Their Hand At Oral Advocacy In LEAP Mock Arguments Before The PTAB - Foley & Lardner

On August 7, 2020, the PTAB and the PTAB Bar Association hosted the first ever PTAB Oral Argument Boot Camp for LEAP eligible practitioners which included opening remarks from USPTO Director Andrei Iancu, a mock inter partes review before sitting PTAB judges, and an oral argument practicum.
Tags: News, United States, Uspto, Lardner, PTAB, PTAB Bar association, Andrei Iancu


Man Sues Patent Office For Deciding an AI Can't Invent Things

An anonymous reader quotes a report from Motherboard: A computer scientist who created an artificial intelligence system capable of generating original inventions is suing the U.S. Patent and Trademark Office (USPTO) over its decision earlier this year to reject two patent applications which list the algorithmic system, known as DABUS, as the inventor. The lawsuit is the latest step in an effort by Stephen Thaler and an international group of lawyers and academics to win inventorship rights for ...
Tags: Tech, European Union, Uspto, Eastern District of Virginia, Thaler, Stephen Thaler, U S Patent and Trademark Office USPTO, Ryan Abbott, China Japan India, Dabus, National Patent Planning Commission, University of Surrey School of Law


United States: TTAB Affirms Two Refusals Of BOCCA DOLCE For Chocolate Confections: Disclaimer Requirement And Likelihood Of Confusion - Wolf, Greenfield & Sacks, P.C.

The Board affirmed a bifusal of the mark BOCCA DOLCE for "chocolate confections," upholding the USPTO's requirement of a disclaimer of DOLCE and finding a likelihood of confusion...
Tags: News, United States, Uspto, Dolce, Bocca, Wolf Greenfield, BOCCA DOLCE


United States: Prosecution Pointer 238 - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Get an update on the USPTO's patent data using the Data Visualization Center.
Tags: News, United States, Uspto, Finnegan Henderson Farabow Garrett, Dunner LLP