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  • Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in Inter Partes Review Is Reviewable on Appeal

    February 01, 2018 |

    On Jan. 8, 2018, the Federal Circuit issued its significant en banc decision in Wi-Fi One, LLC v. Broadcom. In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.

  • IP News

    February 01, 2018 |

    Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO
    Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious
    Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO

  • Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration

    February 01, 2018 |

    Refusal Is an Unconstitutional Violation of Free Speech

    On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.

  • Trademark Board's Precedential Ruling on Use in Commerce

    February 01, 2018 |

    In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.

  • Supreme Court Doesn't Sound Ready to Kill Off PTAB

    January 01, 2018 |

    There Was No Clear Majority at Oral Argument Signaling the Death of Inter Partes Review

    November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.

  • IP News

    January 01, 2018 |

    Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products
    District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of TC Heartland

  • TTAB: Trademark Use Must be Proven

    January 01, 2018 |

    Board Says It Doesn't Matter Whether Use Is By a Trademark Owner Or a Third Party

    In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.

  • The Case for Use of Accelerated Case Resolution in TTAB Proceedings

    December 01, 2017 |

    This article outlines the available options under the Trademark Trial and Appeal Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process.