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Global IP & Technology Law Blog

USPTO Establishes COVID-19 Prioritized Appeal Pilot Program

By Alex Wolcott

April 15, 2021

As a companion to the COVID-19 Prioritized Examination Pilot Program and patent-related relief provided by the 2020 CARES Act, the United States Patent and Trademark Office (“USPTO”) recently announced a similar Fast-Track Appeals Pilot Program for patent applications claiming a process or product requiring FDA approval for COVID–19 use. In general, under 35 U.S.C. § 134, once an Applicant’s claims have been twice rejected, the Applicant has a right to appeal the Examiner’s…

Global IP & Technology Law Blog

Razor Scooter Trips Over Reissue Statute at the ITC

By Adam Hess

April 12, 2021

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The U.S. International Trade Commission (“ITC”) recently terminated CERTAIN MOTORIZED SELF-BALANCING VEHICLES, Investigation No. 337-TA-1000, brought by Razor USA LLC against alleged infringers of a patent related to electric hoverboards, denying Razor any relief. In doing so, the ITC confirmed that an original patent is surrendered when a Reissue Patent issues, even if a pending Continuation Application from the Reissue Application includes the claims of the original patent. The ITC instituted Investigation No. 337-TA-1000 in…

Global IP & Technology Law Blog

Growing Tension Between the ITC and the PTAB

By Adam Hess

April 7, 2021

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One of the most common responses to being sued for patent infringement is a petition to the USPTO’s Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. To avoid duplication of effort, either the Board or the tribunal can defer to the other. According to a recent decision, the U.S. International Trade Commission (ITC) will not defer to the PTAB in such situations. In Certain Automated Storage and Retrieval Systems, Robots, and…

Global IP & Technology Law Blog

Restoring Balance: Increased Discretionary Authority of the PTAB Favors Patentees

By Tamara Fraizer & Steven Auvil

April 5, 2021

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The Patent Trial and Appeal Board (PTAB) is an administrative law body of the US Patent and Trademark Office (USTPO) that determines disputes over the issuance, reissuance, and cancellation of patent claims. The PTAB has become well known to patent litigants since the implementation in 2012 of new proceedings, including Inter Partes Review (IPR), for challenging the patentability of issued patent claims. The Design and Use of IPRs IPRs were designed to be an alternative…

Global IP & Technology Law Blog

Discretionary Denial of Institution of an IPR Disfavored Where Litigation Already Stayed or Petitioner Stipulates to Estoppel

By Tamara Fraizer

April 5, 2021

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In 2020, the PTAB increasingly denied otherwise meritorious petitions for review under its discretionary authority, as my partner Steve Auvil and I recently discussed. Many such denials were made in view of co-pending litigation under the so-called Fintiv factors adopted last May. The reaction to the PTAB’s approach was vocal and divided, and the USPTO received a record number of responses to its request for comments on the subject, but no changes have been…

Global IP & Technology Law Blog

A Non-Traditional Path to Achievement: Words from Our New Partner Chris Adams

By Squire Patton Boggs

April 5, 2021

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We are delighted to announce the promotion of our IP & Technology colleague Christopher (Chris) Adams to the partnership of Squire Patton. Chris was educated as a scientist and then worked in the IT industry for 10 years before becoming a lawyer. His experience as an intellectual property attorney over the last 12 years runs the gamut from patent prosecution to IP licensing, diligence and enforcement, enabling him to provide counsel on a “thicket” of…

Global IP & Technology Law Blog

Influencer Held in Breach of ASA Code in £8,000 Prize Giveaway

By Carlton Daniel & Sera Kaplan

March 29, 2021

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Molly-Mae Hague, 21-year old reality TV star from Love Island show, has been found in serious breach of CAP Code with an £8,000 giveaway, which the regulator ruled was not administered fairly. In our previous blog, we discussed the ruling of the Advertising Standards Authority (ASA) in relation to influencers and the use of social media filters. This recent ASA ruling yet again brings the role of influencers on social media under scrutiny, this…

Global IP & Technology Law Blog

Move Over Marshall, There’s a New Sheriff in Town—The Rise of Waco and the Western District of Texas

By Ronald Lemieux & Steven Auvil

March 28, 2021

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Since the mid-2000s, mention Marshall, Tyler, Sherman, Beaumont or Texarkana to an experienced patent litigator and you would get knowing nods about this string of small Texas towns, tips on their favorite BBQ or Tex-Mex restaurants, and war stories about the big patent wars fought there. The Eastern District of Texas, along with the District of Delaware and the Northern and Central Districts of California, rose to prominence as the primary battlegrounds for major technology…

Global IP & Technology Law Blog

Beauty and the Little Pig: French Judges Find Jeff Koons Guilty of Copyright Infringement Once Again

By Catherine Muyl & Marion Cavalier

March 25, 2021

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The Paris Court of Appeal confirmed a previous decision that found Jeff Koons guilty of copyright infringement for one of his “Banality” sculptures. The Paris Court of Appeal even increased the amount of damages and costs that were initially awarded in the first instance. Beyond the fact that, fortunately, it is quite rare that a famous artist is found guilty of plagiarism, this case is also interesting because Jeff Koons used more or less every…

Global IP & Technology Law Blog

The Rise of the “Deepfake” Demands Urgent Legal Reform in the UK

By Carlton Daniel & Ailin O'Flaherty

March 23, 2021

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The phenomenon of ‘fake news’ and spread of misinformation is not a new one, but advancements in technology, in particular ‘deepfakes’, have highlighted the seriousness of the threat in a way that has not happened before. Deepfakes have evolved significantly in recent years and the tell-tale signs (odd hand or mouth movements or odd pronunciation for example) that once gave the technology away are becoming harder to detect. Further, deepfakes are now extremely easy to …

Global IP & Technology Law Blog

Blog Authors

USPTO Establishes COVID-19 Prioritized Appeal Pilot Program

Razor Scooter Trips Over Reissue Statute at the ITC

Growing Tension Between the ITC and the PTAB

Restoring Balance: Increased Discretionary Authority of the PTAB Favors Patentees

Discretionary Denial of Institution of an IPR Disfavored Where Litigation Already Stayed or Petitioner Stipulates to Estoppel

A Non-Traditional Path to Achievement: Words from Our New Partner Chris Adams

Influencer Held in Breach of ASA Code in £8,000 Prize Giveaway

Move Over Marshall, There’s a New Sheriff in Town—The Rise of Waco and the Western District of Texas

Beauty and the Little Pig: French Judges Find Jeff Koons Guilty of Copyright Infringement Once Again

The Rise of the “Deepfake” Demands Urgent Legal Reform in the UK

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