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USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
In Part One of this article in the January 2019 issue, the authors examined efforts by the federal circuit courts to clarify patent eligibility. In Part Two, they follow-up on that discussion and analyze similar efforts by the USPTO.
By Kyle-Beth Hilfer
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor’s product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
By Howard Shire and Christine Weller
Kapoor v. National Rifle Association of America
By Susan M. Gerber and A. Patricia Campbell
Part One of a Two-Part Article
Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
By David L. Newman
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.