Briefing is complete in an appeal asking the Federal Circuit to find that the America Invents Act (AIA) post-grant reviews violate the due process clause of the Constitution based on “structural bias.” New Vision Gaming & Development, Inc. (New Vision)
Latest from IP Intelligence - Page 11
The USPTO Harmonizes the Indefiniteness Standard Used for AIA Trials Making it More Difficult to Find a Claim Indefinite
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
Election Ballot Verification – A Patent Subject Matter Eligibility Analysis
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
Copyright Claims Board To Be Established; Criminal Streaming Law
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
Congress Passes the Trademark Modernization Act
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
Podcast: Assessing Risks in a Deal, How to Partner with Your Business Team
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
Podcast: Fast Track or Slow Stroll? Find the Right Pace For Your Patent Prosecution Matters
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
Federal Circuit Clarifies Standard For Bringing a Cancellation Proceeding under 15 U.S.C. § 1064
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
President Trump’s Continued Focus on Counterfeit Goods
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
The Legislative Branch’s Answer to Stopping Counterfeit Goods: The SHOP SAFE Act
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