On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc., dealing with the more mundane aspects of...
On August 27, 2018, the Court of Appeals for the Federal Circuit handed down Ericsson Inc. v. Intellectual Ventures I LLC, in which the rules played an important role in decisions made in the case....
In a potentially ground-breaking decision in design patent prosecution, the Court of Appeals for the Federal Circuit handed down In re Maatita, on August 20, 2018. The facts are as follows. Ron...
Inter partes reviews (IPRs) (37 C.F.R. §42.100 et seq.) may be instituted by the USPTO, at its discretion, but there are some defined statutory requirements. On August 17, 2018, the Court of Appeals...
On August 15, 2018, the Court of Appeals for the Federal Circuit issued BSG Tech LLC v. Buyseasons, Inc., which represents one additional case in the §101 jurisprudence. This particular case bears...
“Each litigant pays his own attorney’s fees, win or lose.” As such, the Court of Appeals for the Federal Circuit upheld the American Rule by holding that 35 U.S.C. §145 does not require losing...
This case is the latest iteration of a protracted litigation between non-practicing entity Interval Licensing and AOL. In the current case, Interval Licensing LLC v. AOL, Inc., the Court of Appeals...
Anticipation in patent law means the claimed invention lacks novelty, or is not new; in other words, the invention was already invented. Anticipation, as codified in 35 U.S.C. §102(a) (or...
What constitutes prior art is not as easy as it may seem. While it may be uncontroverted that a Federal Register notice is prior art, the hyperlinked materials in that notice is what was at issue in...
Sovereign immunity is the right of the government to not be sued absent waiver or consent. The federal government retains sovereign immunity rights. States, through the Eleventh Amendment, also...