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26 Jul 2014, 7:12 am
” The types of conduct that could show exceptional circumstances have been found to include, but are not limited to, willful infringement, inequitable conduct before the Patent and Trademark Office, litigation misconduct, and vexatious or unjustified litigation or frivolous suit. [read post]
25 Aug 2019, 2:28 pm
Patent and Trademark Office, but registration was denied because of likelihood of confusion with the previously registered KROMA mark. [read post]
2 Jan 2022, 8:17 am
This bifurcated system leads to a curious dynamic in United States patent law, namely between (i) patent infringement (as a question of fact) and (ii) claim construction (as a question of law or a mixed question of fact and law) decided by a judge. [read post]
12 Apr 2018, 12:17 pm
I agree with Samsung that the United States Patent & Trademark Office didn't accept or reject certain claim language with a view to an article-of-manufacture determination in a future damages case. [read post]
28 Oct 2010, 3:03 pm
United States Patent and Trademark Office, et al. (09 Civ. 4515). [read post]
8 Apr 2008, 6:24 am
Apple has filed an Opposition (No. 91/181,984) with the United States Patent and Trademark Office’s Trademark Trial and Appeal Board against NYC & Company, Inc. [read post]
4 Feb 2014, 8:17 pm
The logical choice for it was (and that's the one it made indeed) to take all four different patents to trial, but with the luxury to assert a second claim of one of the four patents (typically not nearly as useful as a whole additional patent, but better than nothing).In the following section I will list the patent claims chosen for trial; then, the accused products, along with an explanation as to the impact on newer products that are not on the list; and… [read post]
14 Feb 2008, 9:08 am
” On September 7, 2004, Goetz registered the domain name www.mylife-mycard.com, and he also filed an application to register his trademark with the United States Patent and Trademark Office. [read post]
24 Jan 2024, 4:14 am
Waterdrop also pointed to FRCP 45(a)(3), which states that an attorney may authorize and issue a subpoena if authorized to practice in the issuing court. 35 USC Section 24 states that "the clerk of any United States court for the district wherein testimony is to be taken for use in any contested case in the Patent and Trademark Office shall, upon the application of any party thereto, issue a subpoena for any witness residing… [read post]
22 Jul 2022, 10:08 pm
The Press Release states: The United States Patent and Trademark Office (USPTO) and the World Intellectual Property Organization (WIPO) today agreed to undertake joint efforts to facilitate the resolution of disputes related to standard essential patents. [read post]
7 Jan 2019, 10:00 pm
Post By Oliver Couture Recently the United States Patent & Trademark Office (USPTO) has announced plans to update their guidance on 101 issues and will do so after a period of public input in order to increase clarity during prosecution. [read post]
18 Jan 2013, 7:22 am
New York, 1-4 (Apr. 1, 1999) (hereinafter “Longo”).As to descriptive material:The United States Patent and Trademark Office (USPTO) need not give patentable weight to descriptive material absent a new and unobvious functional relationship between the descriptive material and the substrate. [read post]
20 Mar 2015, 4:27 am
Beléndez-Ferrero supervises the federal and Puerto Rico trademark registrations, actively participating in opposition and trademark proceedings both before the Trademark Trial and Appeal Board in the United States Patent and Trademark Office and also in the Puerto Rico State Department. [read post]
3 Nov 2015, 8:47 pm
The week before last, Samsung filed a petition for an en banc rehearing (full-court review) of summary affirmance of a partial final judgment that would allow Apple to collect roughly half a billion dollars over a set of patents, the most valuable software patent of which has meanwhile been held invalid by the United States Patent and Trademark Office (the Central Reexamination Division as well as a Patent Trial and Appeal… [read post]
23 Apr 2014, 8:24 am
The Court held that in federal-court lawsuits for damages for patent or trademark infringement, Congress lacked the constitutional authority to abrogate the sovereign immunity of the states. [read post]
2 Oct 2021, 2:41 pm
United States Patent and Trademark Office et al, Docket No. 1:21-cv-00899 (E.D. [read post]
27 Feb 2022, 1:56 pm
Patent and Trademark Office . . . . [read post]
22 Dec 2018, 4:23 pm
The Act is designed to curb the use of some methods to challenge patents at the United States Patent and Trademark Office. [read post]
18 Apr 2011, 7:51 am
In a decision dated April 15, 2011, the United States Court of Appeals for the Federal Circuit reversed a decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences by which the USPTO attempted to limit the rights of patentees to file for reissue of patents. [read post]
29 Jan 2018, 7:00 am
Over the years, however, the Lego patent expired in a number of countries, including the United States, Canada, and Denmark. [read post]
