The Patent Trial and Appeal Board (PTAB) designated as informative a decision explaining the procedure for holding oral arguments where confidential information will be discussed. Curt G. Joa, Inc. v. Fameccanica.Data S.P.A., Case No. 2016IPR-00906 (PTAB June 20, 2017) (Chagnon, APJ).…

The Patent Trial and Appeal Board (Board) designated as precedential a decision on a motion to terminate under § 317(a), finding that any collateral agreements referred in the parties’ agreement to terminate a pending inter partes review (IPR) must be filed with the Board. DTN, LLC. v. Farms Techs, LLC, Case Nos. IPR2018-01412, -01525 (PTAB June 14, 2019) (Hoskins, APJ) (designated precedential on June 11, 2020).…

The US Patent and Trademark Office (PTO) extended the time to petition for restoration of the right of priority or benefit to certain prior-filed applications. Pursuant to the Coronavirus Aid, Relief, and Economic Security Act and 37 CFR § 1.183, the PTO also waived the associated petition fees.…

In a non-precedential ruling, the US Court of Appeals for the Second Circuit affirmed the dismissal of a makeup artist’s lawsuit filed against a fashion photographer, finding the plaintiff’s state unjust enrichment and unfair competition/misappropriation claims were preempted by the Copyright Act. Sammy Mourabit v. Steven Klein, Case No. 19-2142-cv (2d Cir. June 8, 2020) (Summary Order).…

Addressing the issue of claim preclusion, the US Court of Appeals for the Federal Circuit affirmed the district court’s holding that patent infringement customer lawsuits were precluded in view of a prior action against a website proprietor that was dismissed with prejudice and involved the same patents and accused product. In re: PersonalWeb Techs, LLC, Case No. 19-1918 (Fed. Cir. June 17, 2020) (Bryson, J.).…

In the wake of its six-week-old decision in Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States has now granted certiorari in an appeal of another case arising from a Federal Circuit appeal from a Patent Trial and Appeal Board (PTAB) institution decision; this time, an institution decision as to whether a patent qualifies for covered business method (CBM) review. Emerson Electric Co. v. Sipco, LLC, Case No. 19-966 (Supr.…

The United States Patent and Trademark Office (USPTO) has announced a new prioritized examination program to expedite the examination of applications for marks used to identify qualifying COVID-19 medical products and services. Applications that qualify for the program will immediately be assigned to an examining attorney for review, which expedites examination by approximately two months. The USPTO will not charge additional fees for applications that qualify for the program because it considers the COVID-19 outbreak…