Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
The America Invents Act (AIA) gave patent owners the right to move to amend their patent claims in the context of AIA trial proceedings (inter partes review (IPR), post-grant review (PGR), and covered business method patent review (CBM)). To date, however, this right has been more illusory than real because it has been exceedingly rare for the Patent Trial and Appeal Board (PTAB) to grant motions to amend. This became starkly clear when the Board released the results of its study on motions to amend, which showed that it had denied 95% of the motions included in the study. See, April 2016 PTAB Motion to Amend Study, at 4. Successful motions to amend largely have been those that cancelled claims (without seeking to add a substitute claim) — which are typically granted without substantive review, see, id. at 2 — or were agreed to by the parties as part of settling the post-grant proceeding.
By Peter Kidd
Iancu v. Brunetti
The Supreme Court held the bar against registration of immoral or scandalous marks “collided” with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.
By Charles A. Cartagena-Ortiz
The U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology , ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
By Dorothy Leray and Jeff Ginsberg
Federal Circuit Affirms PTAB Decision Finding Lack of Written Description for Methods of Detection
Federal Circuit Dismisses Appeal of IPR Decision for Lack of Standing
By Karen Hoffman Lent and Kenneth Schwartz
The DOJ’s intervention, and the judge’s ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.