New Deposit Requirement Rule for Copyright Registrations
On January 17, 2018, the United States Copyright Office issued a final rule simplifying the deposit requirements for certain literary works and musical compositions. Specifically, during copyright...
Fed Circuit Watch: Improved Smartphone Display Interface Found Patent-Eligible
On January 25, 2018, the Court of Appeals for the Federal Circuit ruled claims directed to improved display interface for cell phones was patent-eligible under 35 U.S.C. §101 in Core Wireless...
CannabIP: Why the USPTO Will Not Register Marks for Cannabis-Related Goods or Services
It is perplexing there is still a belief (even among some trademark practitioners) that it is possible to file federal trademark applications at the U.S. Patent and Trademark Office for...
Fed Circuit Watch: Improper Patent Assignment Dooms Standing to Sue for Infringement
On January 11, 2018, the Court of Appeals for the Federal Circuit ruled on the Advanced Video Technology, LLC v. HTC Corp., case. This case is a unique one dealing with the logistics of a patent...
Fed Circuit Watch: Gaming of Patent System Cannot Save Patent from Invalidation on Double Patenting Grounds
On January 23, 2018, the United States Court of Appeals for the Federal Circuit handed down In re Janssen Biotech, Inc., which dealt with the specific issue of the double patenting safe harbor under...
CannabIP: Clarification on California’s Trademark Regime for Cannabis Goods & Services
There have been a few observers, commentators, and practitioners who have been reporting that state trademarks/service marks can be freely registered through the Secretary of State’s office. This is...
McAward as Precedential and Lower Standard for Indefiniteness During Prosecution
Way back on August 25, 2017, the U.S. Patent and Trademark Office designated Ex parte McAward as precedential authority for defining the USPTO and the PTAB’s policy on assessing indefiniteness as...
How a Government Shutdown Will Affect the USPTO
Many of us patent practitioners like to think we are somewhat immune to politics, but unfortunately that is not always the case. As the threat of a government shutdown looms later today, January 19,...
Fed Circuit Watch: Helsinn Redux: En Banc Denied
On January 16, 2018, in a non-precedential per curiam order (the order was not published, but was made available from our colleagues at the Patently-O blog), the United States Court of Appeals for...
Fed Circuit Watch: Finjan Survives Alice Test for Subject Matter Eligibility
On January 10, 2018, the Court of Appeals for the Federal Circuit handed down Finjan, Inc. v. Blue Coat Systems, Inc. Finjan sued Blue Coat, a subsidiary of rival Symantec Corp., for patent...
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