In this case, Mr. Simon Shiao Tam names his band “THE SLANTS” to make a statement about racial and cultural issues in this country. Section 2(a) of the Lanham acts bars the Trademark Office from registering scandalous, immoral, or disparaging marks. However, the government cannot refuse to register disparaging marks because it disapproves of the [...]
Patent Term Adjustment (PTA) is utilized by the Patent Office so that an inventor’s patent protection is not limited by delays caused by the Patent Office. The Patent Term Guarantee Act (“the Act”), 35 U.S.C. § 154(b), provides for the restoration of patent term in three circumstances: (i) an “A-Delay,” which awards PTA for delays [...]
In this case, Lumen sued FINDTHEBEST.COM for infringing U.S Patent 8,069,073. The ‘073 patent had claims that were directed towards facilitating procurement of delivery of products or services involving multiple classes of parties. All of the claims were directed towards a computer implemented method. Based on the pleadings, the judge in the Southern District of [...]
The main issue presented in Ethicon vs. Coviden is whether 35 U.S.C. § 314(d) precludes the federal circuit from hearing Ethicon’s challenge to the authority of the Board of the Patent office to render a final decision. The statute at issue states that the Director may not authorize an inter partes review to be instituted [...]
The issues at hand in this case deal with procedural issues when dealing with infringement lawsuits at the federal level, while there is a pending appeal with the USPTO. Before this case, Puget Bioventures brought suit against Biomet alleging infringement of US Patent Number 7,344,541, which expired on December 25, 2015. After filing the suit, [...]
Alice Corps. is the most recent famous case decided by the Supreme Court related with software patent eligibility. The claims in Alice Corps were directed to hedging risks in commodities trading, wherein the methods of hedging risks were somewhat known in the field. Citing Mayo, the Supreme Court applied the two prong test for an [...]
35 USC 102 (A) states that a person should be entitled to a patent unless “the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.” 35 USC 102(B) gives inventors 1 year from the [...]
Design patents are a type of industrial design right, where the ornamental design of a product can be protected. In most countries design patents are called “Industrial Design” patents. In most cases, design patent applications have the same filing deadlines and priority due dates as utility patent application. However, there are several differences. First, PCT [...]
IN RE Kevin R. Imes is a decent case patent attorneys can use when a patent Examiner at the USPTO is being truly unreasonable in a patent rejection. IN RE Kevin Imes is a patent case dealing with claims from patent application no. 09/874,423. Independent claim 1 of the ‘423 applications recites an electronic device [...]
Intended purposes arguments are alive and well! In this case Sulzer Mixpac Ag owns patent number 7,815, 384, which is directed towards a device for mixing and dispensing Multi-components paints. A representative independent claim is reproduced below. 1. A device for applying a coating, comprising at least two cylindrical cartridges, a static mixing nozzle [...]