The Slants’ Saga Ends: USPTO Registers Service Mark
On November 14, 2017, six years to the day after the application was first filed with the USPTO which precipitated the landmark U.S. Supreme Court ruling in Matal v. Tam[1] striking down the...
USPTO Issues Final Rule on Patent-Agent Privilege
On November 7, 2017, the USPTO issued its long-awaited new rule extending the USPTO’s attorney-client privilege to registered U.S. patent agents. The final rule can be found here. This new rule has...
USPTO Designates Assignor Estoppel Case as Precedential Authority
On August 1, 2017, the USPTO designated a Patent Trial and Appeal Board case as precedential authority. This case was decided four years ago, on October 25, 2013. That case, Athena Automation Ltd....
USPTO Issues Exam Guideline on Merely Informational Matter
On July 30, 2017, the USPTO issued an Examination Guideline 2-17 on Merely Informational Matter. The Guideline is meant to assist Trademark Examining Attorney on case law relevant to trademarks and...
USPTO Issues Public Comments for §101 Subject Matter Eligibility
By Brent T. Yonehara On July 30, 2017, the USPTO released its §101 report, Patent Eligible Subject Matter: Report on Views and Recommendations From the Public. The report is a rather dry recitation...
Fed Circuit Watch: Litigation Misconduct and Inequitable Conduct
By Brent T. Yonehara On July 27, 2017, the Court of Appeals for the Federal Circuit decided Regeneron Pharmaceuticals, Inc. v. Merus B.V. In Regeneron, the Federal Circuit affirmed a district...
USPTO Issues Exam Guidelines Consistent with Tam Decision
On June 26, 2017, the United States Patent and Trademark Office issued an updated Examination Guideline 01-17, consistent with the recent Matal v. Tam, 582 U.S.\\\_ (2017), ruling by the United...
SCOTUS Watch: Lanham Act’s §2(a) Disparagement Clause Struck Down
By Brent T. Yonehara On June 19, 2017, the U.S. Supreme Court finally, and somewhat as expected, handed down its ruling in Matal v. Tam (formerly Lee v. Tam). By a unanimous vote, the Supreme Court...
SCOTUS Watch: Cert Granted in Oil States: the Constitutionality of IPR Proceedings
By Brent T. Yonehara On June 12, 2017, the U.S. Supreme Court granted the petition for certiorari in Oil States Energy Services v. Greene’s Energy Group, LLC. Of the three issues presented by...
SCOTUS Watch: Supreme Court Redefines the Patent Exhaustion Doctrine
By Brent T. Yonehara On May 30, 2017, the U.S. Supreme Court decided Impression Products, Inc. v. Lexmark International, Inc., reversing the Court of Appeals for the Federal Circuit on the scope of...
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