Broad Definition of "Article of Manufacture" Costs Apple $400M
December 06, 2016
Post by Caitlin M. Andersen

Post By Caitlin M Anderson Since May 2015, Filewrapper, along with the intellectual property community, has been closely watching the heated Apple v. Samsung design patent and trade dress row.  On December 6th, the Supreme Court upset the controversial $400 million damages award to Apple, essentially holding that such penalties are available for the “article of manufacture,” which may not mean....... Read More

The New Trade Secret Law Impact on Business
November 28, 2016
Post by Patricia A. Sweeney - Of Counsel

Post By Patricia Sweeney      It’s just nine months old, but the new Defend Trade Secrets Act provides for a new stronger defense of key intellectual property.  Enacted May 11, 2016, the law provides for the first time for a uniform federal law protecting trade secrets.  Previously, trade secrets could be enforced only according to variable state law, and in state courts. ....... Read More

Federal Circuit Determines the Statutory Standard for Instituting Review of Covered Business Method Patents
November 25, 2016

Post By Blog Staff       Unwired Planet v. Google involved a review of what standard the Patent Trial and Appeal Board should use in order to institute reviews of Covered Business Method (CBM) patents. Unwired owns the patent in question which describes a system and method for restricting access to a wireless device’s location information. Google petitioned for CBM review of sev....... Read More

Unity of Control over a Family of Marks
November 16, 2016
Post by Marcus A. Smetka

Post By Marcus Smetka Wise F&I, LLC and a number of its subsidiaries recently opposed Allstate Insurance Company’s application to register the marks MILEWISE and ALLSTATE MILEWISE for “ insurance services, namely, writing and underwriting of property and casualty insurance and providing ancillary services thereto, namely, administration and claims adjustment,” in International Class 36. Wise F&I, LLC and s....... Read More

USPTO Data Visualization Center
November 10, 2016
Post by Jonathan L. Kennedy

Post By Jonathon L. Kennedy Have you ever wondered how long the typical time before a first Office Action in a pending patent or trademark application is?  Or am I the only one waiting for some months after filing an RCE to have my patent application reexamined?  Or what is the average length of time a patent application or trademark application is examined before allowance?  The USPTO Data Visualiz....... Read More

TTAB Reiterates Refusal to Register Marks for Marijuana Products
November 04, 2016
Post by Nicholas J. Krob

Post By Nicholas J. Krob Last week, the Trademark Trial and Appeal Board (“TTAB”) issued a precedential ruling rejecting registration on the Principal Register of two marks on the basis that the goods for which the marks were to be used were unlawful. The Applicant, JJ206, LLC, d/b/a JuJu Joints (“the Applicant”), sought to register the marks “POWERED BY JUJU” and “JUJU JOINTS” for vaporizing devices for cannabis ....... Read More

Patent Quality Forum Series – Kansas City, MO on Nov. 14, 2016
November 02, 2016
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu, Ph.D. Patent Quality Forum Series – Kansas City, MO on Nov. 14, 2016 Several senior USPTO executives will host one of the Patent Quality Forum Series at Kansas City, during which they will give presentations and hold panel discussions related to the Enhanced Patent Quality Initiative (EPQI). USPTO establishes the EPQI and related work products, processes, services, and measures to ensure high....... Read More

Environmental Patent Litigation: A Filewrapper® Series on Environmental Technology and Patent Protection—Part V
October 31, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen In this final week of the Filewrapper® series on considerations for environmental technology, we will be discussing environmental intellectual property litigation and wrap up with final conclusions and thoughts. The grant of a patent is the right to exclude others from the practicing the invention. On the other end of the spectrum is technology that is well within the public dom....... Read More

Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000
October 19, 2016
Post by Brandon W. Clark

Post By Brandon W. Clark It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included on numerous “best ever” lists and in 2002 the National Film Registry of the Library of Congress....... Read More

Patent and Trade Secret Protection Considerations: A Filewrapper® Series on Environmental Technology and Patent Protection—Part IV
October 19, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen In this fourth week of the Filewrapper® series on considerations for environmental technology, we will be discussing the tensions that arise in protecting environmental technology through either patents or trade secrets. As with any invention, the selection of trade secret or patent protection comes down to value of the technology as either proprietary or a commercial product. However, ....... Read More

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