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The USPTO Harmonizes the Indefiniteness Standard Used for AIA Trials Making it More Difficult to Find a Claim Indefinite

By Fabian Koenigbauer

January 14, 2021

Recently, the United States Patent and Trademark Office (USPTO) issued a memorandum to the Patent Trial and Appeal Board (PTAB) requiring the PTAB to change the standard used to assess the definiteness requirement under 35 U.S.C. § 112 for AIA trials. The PTAB must now use the indefiniteness test set forth by the Supreme Court in Nautilus Inc. v. Biosig Instruments, Inc., 572 U.S. 898 (2014). This change in standard is beneficial to patent owners.…

IP Intelligence

Election Ballot Verification – A Patent Subject Matter Eligibility Analysis

By Gabriel Applegate

January 12, 2021

In light of recent events, technologies directed toward verifying voter ballots may sound like attractive investment opportunities. However, potential investors often seek to ensure a technology is protected by one or more valid patents before opening their checkbooks. Interestingly, a Federal Circuit case from 2018, Voter Verified, Inc. v. Election Systems & Software, invalidated issued patent claims directed to voting methods and systems that provide for “auto-verification” of a voter’s ballot for lack of subject…

IP Intelligence

Copyright Claims Board To Be Established; Criminal Streaming Law

By Deborah A. Wilcox

December 23, 2020

Congress passed an act on Monday as part of the Consolidated Appropriations Act for 2021 that included the COVID-19 relief bill, expected to signed by President Trump, which will establish a voluntary dispute resolution process in the Copyright Office for infringement claims not exceeding $30,000. The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) requires the Copyright Office to establish a Copyright Claims Board (the Board) to provide dispute resolution processes for…

IP Intelligence

Congress Passes the Trademark Modernization Act

By Deborah A. Wilcox

December 23, 2020

On Monday as part of the Consolidated Appropriations Act for 2021 that included the COVID-19 relief package, Congress passed the Trademark Modernization Act, which President Trump is expected to sign. With respect to trademark infringement litigation, the act restores the rebuttable presumption of irreparable harm to support injunctive relief on proof of trademark infringement. The United States Supreme Court decision in the patent infringement case of eBay, Inc. v. MercExchange had been applied in several…

IP Intelligence

Podcast: Assessing Risks in a Deal, How to Partner with Your Business Team

By Jacqueline Lesser

December 10, 2020

Businesses are not stagnant, and products change both in name and content. Brands are acquired as part of an acquisition, lines are extended in licenses, product lines are extended as businesses change. How do attorneys work with their clients to maintain brand initiatives during business deals and transitions? Jacqueline Lesser will walk through the key issues in addressing brands in deal making and new business initiatives. Questions & Comments: jlesser@bakerlaw.com Listen to the episode. Subscribe…

IP Intelligence

Podcast: Fast Track or Slow Stroll? Find the Right Pace For Your Patent Prosecution Matters

By Aaron Rabinowitz

December 3, 2020

For a company rushing to bring a breakthrough product to a red-hot marketplace, the goal may be a speedy patent prosecution at the United States patent office – but for a “stealth mode” company, the goal may be a slower and quieter process that gives the company time to refine its own products and to evaluate its competitors. No matter your business’s ultimate objective, your business has an interest in how quickly or slowly things…

IP Intelligence

Federal Circuit Clarifies Standard For Bringing a Cancellation Proceeding under 15 U.S.C. § 1064

By Kevin Bovard

December 2, 2020

In a recent decision, Corcamore, LLC v. SFM, LLC, 978 F.3d 1298 (Fed. Cir. 2020), the Court of Appeals for the Federal Circuit clarified the standard for maintaining a petition to cancel a trademark registration under §1064 of the Lanham Act. The Federal Circuit noted that while these questions are often framed as questions of “standing,” they are “more appropriately viewed as requirements for establishing a statutory cause of action.” Id. at 1303. In this…

IP Intelligence

President Trump’s Continued Focus on Counterfeit Goods

By Megan Corrigan, Heather McDonald, Robb Beckerlegge & Kevin Wallace

November 9, 2020

On Oct. 13, President Donald Trump signed a “Memorandum on Stopping Counterfeit Trafficking on E-Commerce Platforms Through Fines and Civil Penalties.”[1] This memorandum builds on his prior Jan. 31 executive order, discussed in the first article of this series, on the increased focus in 2020 on combating the sale of counterfeit goods. The president’s latest memorandum seeks to focus enforcement efforts on e-commerce platforms selling counterfeit goods. As part of this policy, he…

IP Intelligence

The Legislative Branch’s Answer to Stopping Counterfeit Goods: The SHOP SAFE Act

By Megan Corrigan, Heather McDonald, Robb Beckerlegge & Kevin Wallace

November 2, 2020

This post is the second in our ongoing series on the heightened focus in 2020 on combating the sale of counterfeit goods. Our first article focused on the actions of the executive branch, while this article discusses the actions of the legislative branch in the fight against the sale of counterfeit goods. In early March, a bipartisan bill was introduced in the House of Representatives aimed at curbing the sale of counterfeit goods online.[1]…

IP Intelligence

Wielding Trademark Rights to Fight COVID-19 Scams

By Kevin Wallace

October 30, 2020

Trademark owners are wielding their intellectual property rights to stop COVID-19 scams and prevent the spread of misinformation about the ongoing pandemic. With the injunctive power of the Lanham Act, medical supply companies, software companies and even educational institutions are able to quash scams and misinformation. Earlier this year, 3M launched what has grown into a widespread campaign of almost two dozen lawsuits targeting price gougers for infringing its trademark rights. Third parties unassociated with…

IP Intelligence

Insight on Intellectual Property

Blog Authors

The USPTO Harmonizes the Indefiniteness Standard Used for AIA Trials Making it More Difficult to Find a Claim Indefinite

Election Ballot Verification – A Patent Subject Matter Eligibility Analysis

Copyright Claims Board To Be Established; Criminal Streaming Law

Congress Passes the Trademark Modernization Act

Podcast: Assessing Risks in a Deal, How to Partner with Your Business Team

Podcast: Fast Track or Slow Stroll? Find the Right Pace For Your Patent Prosecution Matters

Federal Circuit Clarifies Standard For Bringing a Cancellation Proceeding under 15 U.S.C. § 1064

President Trump’s Continued Focus on Counterfeit Goods

The Legislative Branch’s Answer to Stopping Counterfeit Goods: The SHOP SAFE Act

Wielding Trademark Rights to Fight COVID-19 Scams

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