By: Rachel L. Pearlman When I discuss trademarks with clients, I often make the point that unlike copyrights and patents, trademarks, although registered by the hopeful future trademark-holder are largely for the benefit of the public. More accurately, the benefit of the consumer. A client’s trademark designates to the consumer the source of goods and…
By: Stephen P. Scuderi Under U.S law (i.e., 35 U.S.C. §101), patent eligible subject matter is defined as: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” However,…
By: Thomas L. Sica Since December 18, 2021, the United States Patent and Trademark Office has accepted two new types of ex parte proceedings to be filed for trademark purposes: expungement and reexamination. When these new proceedings were first proposed and announced, many practitioners were curious about how effective these would be in practice. Now,…
By: Christina E. Brule Trademarks are an essential asset to any business. A trademark identifies the source of the goods or services; it lets people know that you are providing the goods or services and it can set expectation levels based on your brand’s reputation. A strong trademark can immediately distinguish you from competitors and…
By: Kristian E. Ziegler Artificial intelligence (AI) leverages computer science and data science to enable automated computer problem solving. AI programs can synthesize a variety of inputs to make decisions and solve problems, and is at the forefront of technological development. One application of AI is the development of new inventions with limited human aid. …
By: Thomas L. Sica On December 18, 2021, expungement and reexamination proceedings are set to begin at the Trademark Office. How these new proceedings will affect trademark practice remains to be seen, but it is important to understand what they are and how they could impact all trademark registrations. Tucked inside the extensive Covid-19 relief…
By: Wayne F. Reinke The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) included a direction from Congress to create the Copyright Claims Board (the “CCB”), a three-member panel giving an option to resolve copyright disputes involving less than $30,000. The CCB is intended to be less complex than Federal Court and…
By: Wayne F. Reinke In Yangin Yu, Zhongxuan Zhang v. Apple Inc. (Fed. Cir. June 11, 2021), hereinafter “Yu v. Apple,” the Federal Circuit majority proves there is a serious problem with its § 101 jurisprudence, which has expanded to the point of swallowing at least § 112 and, to an extent, § 102 and § 103. In this…
By: Stephen P. Scuderi A license is a grant of rights from a licensor (often the patentee) to a licensee to make, use or sell a patented product or method. Often in granting the licensee the right to “sell”, the patentee may seek to put restrictions or conditions on third parties who legitimately purchase such…
By: Kristian E. Ziegler In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court recently held that the law empowering Administrative Patent Judges of the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark…