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 cannabi....... Read More
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 h....... Read More
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....... Read More
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 Congr....... Read More
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
Post By Caitlin M. Andersen In this third week of the Filewrapper® series on considerations environmental technology, we will be discussing USPTO efforts and programs designed specifically for environmental technologies. The concept of prioritizing green technology patents is not new to the USTPO. On December 8, 2009, a USPTO pilot program was launched to accelerate review of green technology patent ap....... Read More
Post By Marcus A. Smetka Following the United States Supreme Court's ruling in the Alice Corp. v. CLS Bank Int’l, (S. Ct. 2014) case (which held that abstract ideas are not patentable), the software and computer industry has been fighting and clawing to peel back the layers of the decision in hopes of finding some clarity as to what is and is not patentable subject matter. In Alice, the Supreme Court he....... Read More
Post By Blog Staff In Lyda v. CBS, the Federal Circuit held that a complaint alleging joint and/or contributory infringement must provide factual allegations for each claim element. Regarding direct infringement, “the pleading requirements of Form 18 [a complaint template provided by the Federal Rules of Civil Procedure] suffice to survive a motion to dismiss” as the form “effectively immunizes ....... Read More
Post By Caitlin M. Andersen Filewrapper® previously introduced a new series of blog postings on the considerations for patent protection of environmental technology. Before discussing patent protection for these emerging technologies, it is beneficial to understand the regulatory system in which environmental technology must live in order to be placed into a commercial setting. While concerns about the q....... Read More
Post By Caitlin M. Andersen Mounting scientific evidence that the global climate is changing has sparked a new wave of innovation in the field of environmental technologies. Many of these improvements to existing technologies have been patented and licensed, enhancing the financially lucrative nature of research and development in this industry. However, in some instances, despite technological advances....... Read More
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