On October 12, 2021, the USPTO extended its program for after-final patent prosecution practice, AFCP 2.0, to September 30, 2022. The USPTO initiated the “pilot” program in 2013, to speed up prosecution and to increase contact between Examiners and
Continue Reading AFCP 2.0 Extended: Your Mileage May Vary
Serving a district court complaint for patent infringement on a foreign defendant usually requires compliance with the Hague Convention on Service. A recent Federal Circuit decision, however, endorses alternative options under Federal Rule 4(f)(3) that could significantly simplify the
Continue Reading Federal Circuit Allows Service by Alternative Means Under Rule 4(f)(3) in Patent Cases
The Competition and Markets Authority (CMA) has today announced it is closing its investigation into the refusal of British Airways and Ryanair to provide refunds to consumers who were unable to travel on previously booked flights as a result of
Continue Reading The Covid Conundrum – CMA Closes its Investigation into Covid Consumer Refund Rights
“Green”, “organic”, “eco-friendly”, “recyclable”, “natural”. These are just a few ‘green claims’ that consumers are increasingly used to seeing on the products and services they buy. However, how accurate are these claims and are organisations using them correctly?
UK regulator,
Continue Reading UK Regulators Show Unjustified Green Claims in Advertising the Red Light
We previously wrote that a co-pending ITC Section 337 investigation virtually guarantees that the Patent Trial and Appeal Board (PTAB) will exercise its discretionary power to deny institution under 35 U.S.C. §§ 314(a) and 324(a) when considering a petition for
Continue Reading ITC Section 337: Tips for Avoiding Discretionary Denials at the PTAB
In April 2021, the EU Commission (EC) proposed a suite of new legislative and non-legislative proposals related to artificial intelligence: in a proposed Regulation laying down rules on Artificial Intelligence (“Artificial Intelligence Act – AIA”), the EC attempts the first-ever
Continue Reading The Proposed New EU Regulatory Regime for Artificial Intelligence (AI)
In a patent infringement lawsuit, a plaintiff often seeks to recover lost profits damages—the profits that the patent owner would have made but for the competitor’s alleged infringement—instead of a lower reasonable royalty. A plaintiff is not automatically entitled to
Continue Reading Plaintiffs Beware – Disclose all Evidence of Lost Profits Damages During Discovery
On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021.
Continue Reading The Pandemic Isn’t Over, Nor is the USPTO’s Fast Track Program for COVID-Related Inventions
When considering a petition for post-grant review (PGR) or inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) has discretion to deny institution under 35 U.S.C. §§ 314(a) and 324(a). The PTAB’s Consolidated Trial Practice Guide provides that,
Continue Reading ITC Section 337: Kiss of Death for PTAB Proceedings
With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK.
For the holders of existing European Union Trade Marks (EUTMs) and
Continue Reading Last Call! To Claim an EU Priority on UK Trade Marks and Designs, That Is
