In order for a trademark to be protectable, it must be distinctive, either by being inherently distinctive or by acquiring distinctiveness (often referred to as “secondary meaning”). In the case of Two Pesos, Inc. v. Taco Cabana, [...]
The Court of Appeals for the Federal Circuit ruled that absent an agreement between the parties to bear their own costs, the defendant could bring a motion for attorney’s fees after the parties entered into a voluntary [...]
So you have an idea, and you think you might want to protect that idea by getting a patent. However, you aren’t sure where to start. What follows is some general information to help you decide how [...]
Provisional patent applications are one of the most popular options for obtaining patent pending status and to secure a filing data. Prior to the America Invents Act, when two inventors sought protection for the same invention, an [...]
Section 287(a) of the Patent Act indicates that a patent owner “may” mark patent articles with notice that the product is patented. However, in the event the patent owner does not mark, no damages can be [...]
In Hulu, Inc. v. Sound View Innovations, LLC, (PTAB IPR 2018-01039 December 20, 2019) the Patent Trial and Appeal Board had the opportunity to set the standard for what prior art qualifies as a ‘printed publication’ at [...]
The importance of patent claims is the most misunderstood aspect of patent interpretation. What makes a patent so valuable is that a patent grant from the U.S. Patent and Trademark Office provides a limited monopoly, and the [...]
In a November 22, 2019, decision (Ex Parte Berndt Burghard, Appeal No. 2018-001861), the Patent Trial and Appeal Board reversed the examiner’s decision rejecting claims 1-20 as being directed to patent ineligible subject matter under 35 [...]
In Curver Luxembourg, SARL v. Home Expressions, Inc. (Fed. Cir., September 12, 2019), the Court of Appeals for the Federal Circuit (CAFC) had to determine whether US Design Patent No. D677,948 which shows a design pattern, [...]
The Patent Trial and Appeal Board issued two precedential opinions relating to the time for filing petitions for inter partes patent reviews. While the AIA permits challengers to file a request for inter partes review of [...]
