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IP Intelligence
Proof of Life: USPTO Ushers in New Audit Power for Proof-of-Use
Effective earlier this year, recently amended 37 C.F.R. §§ 2.161(h) and 7.37(h) empower the USPTO to require a registrant to submit additional documentation as “reasonably necessary” to prove use of…
IP Intelligence
Kirtsaeng v. John Wiley & Sons: Copyright Litigation Risks
The Supreme Court on Thursday issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc.,…
IP Intelligence
H.R. 1695 Introduces Major Reforms to the U.S. Copyright Office
A bill was formally introduced in Congress on March 23, 2017, that would, in effect, remove the Copyright Office from the oversight of the Librarian of Congress. Introduced by House…
IP Intelligence
Does Copyright Now Cover Functionality?
On March 22, 2017, the U.S. Supreme Court decided the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. regarding the scope of copyright protection for “pictorial, graphic or sculptural…
IP Intelligence
SCOTUS Declares That Time Has Expired for Laches Defense in Patent Cases
On March 21, the Supreme Court of the United States held in Hygiene Products Aktiebolag v. First Quality Baby Products that laches is not a defense to a damages claim…
IP Intelligence
FTC Warning to Website and Mobile App Publishers: Disclose Cross-device Tracking
Website and app publishers rely on third parties that associate tracking technologies with their content to provide analytic and advertising data and services. Increasingly, this includes use of probabilistic and…
IP Intelligence
Availability of Reissue After an Invalidity Determination
A recent law review article discusses reissue as a potential cure for patentees who have had their claims invalidated by a court or the Patent Trial and Appeals Board (PTAB).[1]…
IP Intelligence
Federal Circuit Appears to Narrow the Exceptions to 35 U.S.C. § 101
By Allen Sokal
Unquestionably, the narrower a patent’s claims, the more likely they are to pass muster under 35 U.S.C. § 101. But if you have an invention with broad applicability, how broadly can…
IP Intelligence
New TTAB Rules of Practice
On Jan. 14, 2017, the Trademark Trial and Appeal Board (TTAB) Rules of Practice were amended in what the United States Patent and Trademark Office described as an effort “to…
IP Intelligence
The Federal Circuit Considers a New Issue on Appeal, Lectures the PTO on its Burden to Establish Obviousness, and Reveals an Internal Split on What to do When the PTO Fails to Carry That Burden
By Allen Sokal
The Federal Circuit in Icon Health & Fitness, Inc. v. Strava, Inc., Appeal No. 2016-1475 (Feb. 27, 2017), made several interesting points and revealed a disagreement among four of its…