The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent.
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Design Patents are Heating Up at the Federal Circuit, Again
Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear North America, Inc. v. Seirus Innovative…
AI & IP: A Not-so-Perfect Pairing
The recent proliferation of useful Artificial Intelligence (“AI”) tools for tasks like text, image, music, and software code generation is all the rage. In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools…
CMS Proposal to Make One-Time $9 Billion Lump Sum Payment to 340B-Covered Entity Hospitals
The Centers for Medicare & Medicaid Services (“CMS”) recently announced its proposal to make a one-time lump sum payment of roughly $9 billion to 340B-covered entity hospitals that were impacted by the agency’s unlawful reimbursement reductions for 340B drugs billed…
Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC
In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the Supreme…
RECAP – 16th Annual USPTO Design Day
Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters.
There…
REGISTRATION NOW OPEN – 16th Annual USPTO Design Day on May 4, 2023
REGISTRATION NOW OPEN – 16th Annual USPTO Design Day on May 4, 2023
Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here.
The 16th annual…
Continuing Changes in the 340B Space: New Restrictions and Shifting Alliances
As detailed further in our article on the current state of the 340B Program and what to expect in 2023, a growing list of manufacturers have taken the step of significantly restricting 340B pricing for fills completed by contract pharmacies.…
Safety Helmet Product Configuration Trademark Registrations Demolished by Lack of Evidence of Acquired Distinctiveness
The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “… a three dimensional configuration of two ridges located along the center…
SAVE THE DATE – 16th Annual USPTO Design Day Announced for May 4, 2023
Save the Date to Attend the 16th Annual USPTO Design Day
The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at…