On December 11, 2019, writing for a unanimous Court Judge Sotomayor ruled that the language in Section 145 of the Patent Act, 35 U.S. Code § 145, that provides that the prevailing party is entitled to “all expenses of the proceedings” does not authorize reimbursement of the PTO’s attorneys’ fees. Peters v.... Continue Reading
On December 12, 1899, the United States Patent Office issued Patent No. 638,920, entitled “Golf-Tee”, to Dr. George F. Grant of Boston, Massachusetts, for a wooden tee with a tapered base and a flexible, tubular, concave shoulder that held the ball.
Dr. Grant graduated from Harvard Dental School in 1870. He... Continue Reading
Today powerful computers perform computationally intensive processes similar to the cognitive functions we associate with the human mind, such as learning and problem solving. This is sometimes referred to as Artificial Intelligence (“AI”). As AI plays an ever increasing role in the development of potentially... Continue Reading
On September 12th, in a case of first impression, a three-judge panel of the Federal Circuit ruled unanimously that the scope of a design patent can be determined by its title alone, where the figures do not depict an article of manufacture.
In Curver Luxembourg, Sarl v. Home Expressions Inc., Curver filed for a... Continue Reading
On Tuesday, October 23, 2019, the House of Representatives approved The Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act") by 410-6 vote. The bill is intended to provide content creators with a less burdensome means to adjudicate copyright infringement claims than exists under the current law... Continue Reading
The U.S. Trademark Office (“USPTO”) has recently instituted changes to their policies regarding acceptable specimens of use. The stated aim of these policies is to protect the integrity of the U.S. registry. As trademark rights in the United States are based on use, the USPTO has become... Continue Reading
On May 8, 2019, México's Tequila Regulatory Council (the TRC) and the Agave-Tequila Production Network hosted a special event in Washington, D.C. to celebrate the 25th anniversary of the creation of the TRC, and the 45th anniversary of Tequila's declaration as an appellation of origin.... Continue Reading
The U.S. Patent and Trademark Office ("PTO") recently issued a new rule which will require all foreign domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by a U.S. licensed attorney. The rule takes effect on August 3, 2019.... Continue Reading
On May 20, 2019, in an 8-1 decision the Supreme Court resolved a split among the Circuits as to whether a debtor/licensor’s rejection of a license under § 365(g) of the Bankruptcy Code, which reads that “the rejection of an executory contract or unexpired lease of the debtor constitutes a breach of such contract... Continue Reading
Under the United States Patent Law, 35 U.S.C. § 287(a), damages arising from the infringement of patent claims covering a product do not begin to accrue until an infringer has notice that it is infringing. This can be distinguished from the liability arising from the infringement of claims that cover a method, which... Continue Reading