Post By Marcus Smetka The America Invents Act implemented the Post-grant Review (PGR) process as a new means of challenging existing patents. PGR differs from Inter Partes Review (IPR) in that PGR allows for a wider array of invalidity challenges. One example of a new challenge allowed under PGR is the ability to challenge the claims as being indefinite. However, Post-grant Review is only available for patents fi....... Read More
Post By Nicholas Krob 2017 is fast approaching, which means one thing: It is time to select, and soon start implementing, your new year’s resolution! For most businesses, there are few resolutions better than those designed to help protect the company’s valuable intellectual property. Accordingly, consider making the review and maintenance of your company’s trademark portfolio this year’s resolution. O....... Read More
Post By Marcus Smetka In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‘917) for “personnel placement and recruitment” services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‘235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitme....... Read More
Post By Xiaohong Liu One of the most important US Supreme Court decisions in 2016 or in recent years is Halo Electronics Inc. v. Pulse Electronics Inc. In Halo, the Supreme Court reshaped the law on enhanced damages by relaxing the standard for providing willful infringement and making it easier for patent owners to recover enhanced damages. Before the Halo decision, obtaining enhanced damage....... Read More
Post By Brandon Clark The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today’s online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does require website owners and hosts to take proactive steps to....... Read More
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 m....... Read More
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.&n....... Read More
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 ....... Read More
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 ....... Read More
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 Visual....... Read More
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