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IPR Substitute Claims

In Inter Partes Review Patent Owner Must Show Patentability of Substitute Claims and Prior Art References Known to Patent Owner Pursuant to Duty of Good Faith and Candor Must be Disclosed

On February 11, 2016, the US Court of Appeals for the Federal Circuit (CAFC) decided the case of Nike, Inc., V. Adidas AG, 2014-1719 (CAFC, February 11, 2016), in which Adidas filed an inter partes review (IPR) of US Patent No. 7,347, 011 (the ‘011 patent), owned by Nike. The USPTO Patent Trial and Appeal […]

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Rosebud versus Adobe

Federal Circuit holds Actual Notice, not Constructive Notice, is Required to Collect Reasonable Royalties under 35 U. S. C. Section 154 (d)

In Rosebud LMS INC. v. Adobe Systems Incorporated (CAFC, 2015-1428, February 9, 2016) the Court of Appeals for the Federal Circuit (CAFC) affirmed the District Court’s grant of summary judgment that Adobe Systems Inc. was not liable for pre-issuance damages under 3 5 U. S. C. Section 154 (d). Rosebud filed three suits against Adobe […]

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US Supreme Court Grants Certiorari on Inter Partes Review Case (Cuozzo Speed Technologies, LLC v. Lee)

On January 15, 2016, the U.S. Supreme Court agreed to review the appealability of decisions to institute an Inter Partes Review (“IPR”) proceeding before the Patent Trial and Appeal Board (“PTAB”) and the appropriate claim construction standard to be used in IPR proceedings. In IN RE: CUOZZO SPEED TECHNOLOGIES, LLC, 2014-1301 (CAFC, July 8, 2015), […]

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US Trademark Act Ban on Disparaging Trademark Registrations Held Unconstitutional by Federal Circuit

The en banc U.S. Court of Appeals for the Federal Circuit (“CAFC”) has struck down a provision of the Lanham Act that denies registration for “disparaging” trademarks. On December 22, 2015, the CAFC ruled in an appeal by Simon Shiao Tam, who wants to trademark the name of his Asian-American rock band, the Slants.  The […]

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US Patent and Trademark Office Experiences “Major Power Outage”

On December 22, 2015 the US Patent and Trademark Office (USPTO) reported a “major power outage”, resulting in damaged equipment that shut down the IT systems. The US Patent and Trademark Office provides full online electronic filing and processing for US patent and trademark applications and for maintenance of issued US patents and trademarks.  As […]

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