The subject matter eligibility threshold under 35 U.S.C. § 101 continues to stymie efforts at patent enforcement and procurement, particularly in the fields of software and diagnostics. Under § 101, an invention is eligible for a patent if it is
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm that publishes content primarily focused on intellectual property law. Their blog covers topics such as patent application processes, trademark disputes, and developments in patent and trademark law. The firm provides analysis of recent legal decisions, updates on regulatory programs like those from the United States Patent and Trademark Office, and insights into procedural aspects of intellectual property protection. Their publications serve to inform practitioners, applicants, and stakeholders about changes and strategies in patent and trademark law.
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Jury Rules that Kat von D’s Miles Davis Tattoo Did Not Infringe
Katherine von Drachenberg using the Miles Davis reference. Screenshot from Complaint.Read more
Prosecution Pointer 415
Trademark Application for Fruity Pebbles’ Colors—“Yabba-Dabba-Delicious” but Not Protectable
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed refusal of Post Foods, LLC’s application to register a color mark, consisting of “the colors of yellow, green, light blue, purple, orange, red and pink applied to the…
Update to USPTO Guidance for Determining Obviousness
In 2007, the USPTO published “Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.”. This was updated in 2010 and now, as of Feb. 27, 2024,…
Prosecution Pointer 414
The USPTO’s Patent and Trademark Resource Centers Program (PTRC) administers a nationwide network of public, state and academic libraries designated as Patent and Trademark Resource Centers authorized by 35 U.S.C. 12 to: disseminate patent and trademark information and support diverse…
“In the Ayer”: The Supreme Court Considers the Availability of Retrospective Damages for Copyright Infringement
On February 21, 2024, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, a case focusing on the availability of damages for copyright infringement. At issue is whether a copyright plaintiff may obtain retrospective relief for…
Prosecution Pointer 413
The USPTO issued guidance to judicial Boards on holding parties responsible for the misuse of AI in legal proceedings. The guidance clarifies exiwsting rules and policies and discusses how to apply them when AI is used in the drafting of…
E.D. Pa. Delivers Summary Judgment Victory in Row Over Meta Tags
In today’s ever-evolving online world, the intersection between trademark infringement and the use of trademarks as meta tags is an issue receiving more and more attention. In a drawn-out dispute spanning more than five years , the United States District…