Judicial Exceptions to IP Statutes: Are They Dead?

By Kirk M. Hartung

On January 8, 2019, the U.S. Supreme Court decided a case involving the Federal Arbitration Act that could have a significant impact on patent law. The Arbitration Act, signed into law in 1925, allows parties to agree to submit disputes to arbitration, rather than litigating in court. Although, sometimes parties disagree as to whether an arbitration […]

Can I Use This Song In My Podcast? It Depends.

By

According to Podcast Insights, there are currently over 660,000 podcasts in existence and over 28 million episodes available to listen to. This number is certainly growing as are the legal concerns and issues associated with hosting or producing a podcast. This article will provide some general guidelines and outline some of the rules around using […]

Precedential Opinion Panel Decides Issue Joinder in IPR is Permissible

A panel of the Patent Trial and Appeal Board (PTAB) issued a precedential decision March 13, 2019 stating that a party that challenges a patent in an inter-partes review (IPR) proceeding can join their own petition challenging another’s patent, in order to add new issues, but only in limited circumstances. Here, Proppant Express Investments LLC […]

How Many Patents Are Enough for a Product?

By Blog Staff

The answer to the question of course, depends on the commercial value of the product. However, it is also obvious that the commercial value of a product is closely correlated to the number of patents for its protection. The relationship between commercial value and number of patents is best illustrated by the relevant facts for […]

Resolving Circuit Splits: Supreme Court Addresses Issues Regarding Legal Fees

By Blog Staff

On March 4, 2019, the United States Supreme Court granted certiorari in Iancu v. NantKwest, Inc. to settle the debate over what “all the expenses” means under the U.S. Patent and Trademark Office’s (USPTO) win-or-lose attorney fee policy. This controversial policy involves seeking attorneys’ fees from applicants, regardless of the outcome of a case. During […]

Burger King Ribs McDonald’s After Loss of ‘Big Mac’ Trademark in the E.U.

By Sarah M.D. Luth

In mid-January of 2019, McDonald’s lost its rights to the trademark ‘Big Mac’ in a European case which ruled in favor of an Irish fast food chain, Supermac’s. Supermac’s, founded in 1978 by Gaelic football player Pat McDonagh, offers a burger called the ‘Mighty Mac’. McDonald’s asserted that the ‘Mighty Mac’, along with other Supermac’s […]

Congress Considers a Patent Eligibility Overhaul

By Kirk M. Hartung

Some members of Congress have met at least twice to discuss the current difficulties and frustrations with patent eligibility under Section 101 of the patent statutes. While these meetings have been closed-door, attorneys and others representing businesses and industries, have attended. These meetings, in December of 2018 and February of 2019, have been initialed by […]

Athena Diagnostics v. Mayo Collaborative Services Part 2, or: For the Benefit of Us All

Part 1 of the review of Athena Diagnostics v. Mayo Collaborative reviewed how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part II below examines the dissent from Judge Newman and how it aligns with both precedent and […]

Big Mac Blunder: McDonald’s Loses European Trademark Rights for Famous Burger

By Nicholas J. Krob

Last month, the European Union Intellectual Property Office (EUIPO) issued a surprise decision revoking fast food giant, McDonald’s, “BIG MAC” EU trademark registration in its entirety. The decision was the latest development in an ongoing battle between McDonald’s and Irish fast food restaurant Supermac’s. McDonald’s trouble started in 2014 after they opposed Supermac’s trademark application […]

Athena Diagnostics v. Mayo Collaborative Services Part 1, or: How I Learned to Stop Worrying and Love the Inconsistencies

Part 1 of the review of Athena Diagnostics v. Mayo Collaborative will look at how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part 2 will look at the dissent from Judge Newman and how it fits better […]