“Instead of a limited review of weak patents that Director Kappos assured me would amount to no more than 500 cases a year, the AIA has created a tsunami of new cases…. The current judicial squabble over Arthrex and its implications may at least have the virtue of prompting Congressional review on the impact of …
Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling Read More »
“Many courts across the country are encouraging hearings and arguments through video or teleconference. As the situation is dynamic and subject to change at any time, parties should be prepared to argue their cases remotely, no matter which court their case is before.” In the past week, the COVID-19 pandemic has led courts across the …
March 23, 2020 The Republic of Moldova becomes the first Southeast European country to offer the Madrid e-Filing service to trademark users. On March 23, 2020, the State Agency on Intellectual Property of Moldova (AGEPI) is giving access to Madrid e-Filing service to trademark applicants via its website. Brand owners will have the possibility to …
Welcoming the Republic of Moldova to the Madrid e-Filing Community Read More »
“The ‘safe harbor’ incentives [of the SHOP SAFE Act] only apply to goods that could implicate the health or safety of the consumer. The bill defines such goods as those whose use could lead to illness, disease, injury, adverse event, allergic reaction, or death. So, the unfortunate purchasers of a perfectly safe, but nevertheless fake, …
Stopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020 Read More »
Constitutional arguments should ordinarily be preserved before the agency; otherwise those constitutional arguments might be summarily deemed forfeited on appeal. The appellate court might consider the constitutional arguments without proper preservation, but don’t bet on it. It has been about a year since my first essay appeared on IPWatchdog.com. My topic dealt with preserving constitutional …
‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO Read More »
“The musical elements of the ostinato in ‘Joyful Noise’ were not ‘numerous enough and arranged in a sufficiently original manner to warrant copyright protection.’ Further, the signature elements of ‘Joyful Noise’ did not make up a ‘particularly unique or rare combination, even in its deployment as an ostinato.’” The U.S. District Court for the Central …
It is with great sadness that I inform the intellectual property law community of the passing of the Honorable Gerald J. Mossinghoff on March 20, 2020. He was 84 years old. I knew Gerry for more than 37 years, first as a Patent Examining Group Director when he was the Commissioner of Patents and Trademarks …
In Memoriam: The Honorable Gerald J. Mossinghoff Read More »
“The likelihood is that this represents the end of the Unified Patent Court project, or at least a lengthy delay. The existing system whereby European patents are enforced separately in each member state will continue for the foreseeable future.” Judges in Germany have dealt what may be a fatal blow to the project to create …
German Decision Puts Unified Patent Court Agreement in Jeopardy Read More »
March 20, 2020 We are mindful that possible disruptions might affect users of the Madrid System due to measures taken against the Coronavirus disease (Covid-19) outbreak. Consequently, we wish to inform you of the remedies available against a failure to meet a time limit under the Madrid System. We also would like to remind you …
Covid-19: Remedies and Extension of Time Limits Available for Madrid System Users Read More »
“Broadcom alleges that the patent claims at issue in this lawsuit cover crucial aspects of the Netflix streaming service, including systems for reliable content delivery with minimal interruptions, efficient server resource use and encoding content in formats compatible with client devices accessing the Netflix service.” On March 13, American semiconductor developer Broadcom Corporation filed a …
Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery Read More »
