The Supreme Court Rules That the PTO Cannot Recover Its In-House Attorneys’ Fees from a Party That Challenges Its Refusal to Grant A Patent

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

This Week in Intellectual Property History

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

Curver Luxembourg, Sarl v. Home Expressions Inc. – The Federal Circuit Affirms Limiting the Scope of a Design Patent Based Upon its Title

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

Larry Abelman Receives Award

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

Patent Marking Requirements and Benefits

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