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IP Intelligence
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IP Intelligence
Coming Soon…the New .sucks gTLD: How Will It Affect You?
To All Brand Owners: The arrival of a new generic top-level domain (gTLD) will require you to once again evaluate your brand strategies and trademark portfolios, particularly as they relate…
IP Intelligence
The Innovation Act of 2015: Congress Targets Patent ‘Trolls’ Again
On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill is the…
IP Intelligence
USPTO Urged to Revise Interim §101 Guidance to Require Examiners to Present a Proper Prima Facie Case Supported by Factual Evidence
As previously reported, on December 15, 2014, the U.S. Patent and Trademark Office (USPTO) published a document titled “2014 Interim Guidance on Patent Subject Matter Eligibility” (Interim Guidance). This Interim…
IP Intelligence
Use of Service Marks in Commerce: Making Good on Your Promises
In order to register a service mark—a trademark used to promote and sell services, as opposed to goods—with the United States Patent and Trademark Office (USPTO), the owner of the…
IP Intelligence
Unsolicited Offers for Trademark-Related Services in the United States
WARNING! If you have filed a trademark application in the U.S. Patent and Trademark Office (USPTO), it is likely that you will be the target of private companies who will…
IP Intelligence
Federal Circuit affirms PTAB in first IPR final written decision appeal
By Kevin Bovard
The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court…
IP Intelligence
Will New IEEE Standards Policy Devalue Standards Essential Patents?
By Bill Powell
On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) adopted a new patent policy for standards-essential patents (SEPs) in IEEE standards. This comes in the midst of…
IP Intelligence
Does ‘Raging Bull’ Deliver Knockout to Patent Laches Defense?
Under Federal Circuit case law, patent-infringement defendants may assert the laches defense – an equitable defense barring claims brought after an unreasonable delay. But the doctrine will soon square off…
IP Intelligence
Trademark “tacking” questions should go to a jury, SCOTUS rules
The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank. The district court had charged the jury with determining…
IP Intelligence
Trademark practice tip: Request Interlocutory Attorney attendance at discovery/settlement conferences in opposition proceedings to avoid costs of motions to strike affirmative defenses
In trademark opposition proceedings the affirmative defense of failure to state a claim is commonly pleaded, yet it is often an inappropriate affirmative defense. Other affirmative defenses that are severely…