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Tag Archives: USPTO

US: Supreme Court hears argument on constitutionality of inter partes review

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and Appeals Board that allows third parties, including alleged infringers, to challenge the validity of issued patents.  As previously reported by

‘Fashiontech’ hits the catwalk

The popularity of wearable technology has seen a number of collaborations between technology companies and designer brands looking to launch the next big thing in the ‘Fashion Tech’ space. For example, this summer saw the launch of Levi’s Commuter Trucker jacket which has Google Advanced Technology woven into the jacket, allowing the wearer to wirelessly

US: Our trademark lawyers speaking at 2017 McCarthy Symposium

We are delighted to be sponsoring and speaking at the seventh annual McCarthy Institute Trademark Symposium, taking place on February 17, 2017 in Seattle, Washington. The one-day event, titled “Trademark Law and Its Challenges,” brings together corporate brand representatives, trademark attorneys and public policymakers to address new issues in trademark law. Two of our trademark

EU/U.S. – Trademark Protection: Recorded comparative session

Last month we gave a Trademarks and Brands webinar focusing on European Union Trademark Protection. In this webinar, Pan-European trademark attorney, Julie Schmitt, and United States trademark attorney, Valerie Brennan, highlight the differences between trademark rights acquisition, protection, and enforcement in the EU and the U.S. They also touch on hot topics in EU trademark law, such as the

USPTO issues new rules for post-grant proceedings effective May 2

The U.S. Patent and Trademark Office (“PTO”) issued amendments to its “Rules of Practice for Trials before the Patent Trial and Appeal Board” for IPR, CBM, and PGR proceedings, which will be effective in all current and future proceedings starting on May 2, 2016. Most notably, these amendments allow a patent owner to submit testimonial

US: IPR institution denied for redundancy – Neither appealable nor grounds for estoppel

Parties that regularly submit inter partes review (IPR) and other post-grant petitions with multiple, potentially redundant grounds for review now have clearer guidance on (1) whether the institution of those petitions can be reviewed; and (2) whether estoppel applies to rejected grounds for review. In the recent Automated Creel Systems v. Shaw Industries decision, the

U.S. – Is Your Technology Evolving?

Outdated U.S. trademark registrations might no longer be lost. Owners of trademark registrations in the U.S. are familiar with the frustration of technological evolutions that result in loss of protection if a trademark registration is limited to the now-defunct technology. Current U.S. practice does not allow one to expand or change descriptions of goods or

USPTO Considering New Rules for Post-Grant Proceedings

On August 20, 2015, the U.S. Patent and Trademark Office (“PTO”) published proposed amendments to the “Rules of Practice for Trials before the Patent Trial and Appeal Board” for IPR, CBM, and PGR proceedings. The proposed rule changes include: adopting the claim construction standard used in district courts and set forth in Phillips v. AWH

US: Pharma-friendly trends at USPTO and PTAB

Recent USPTO activity may signal a shift in treatment of pharmaceutical patents in AIA proceedings. The America Invents Act (“AIA”) provides for adversarial proceedings for challenging patents in the United States Patent and Trademark Office (“USPTO”) — including inter partes review (“IPR”) and post grant review (“PGR”) — which are faster, cheaper, and have a lower