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21 Apr 2008, 1:05 am
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Intellectual Property
April 21, 2008
:Learn how to create patent pools while avoiding antitrust pitfalls, how similar store-brand packaging can be to national brand packaging without running afoul of trademark laws, and whether a patent owner is protected under federal law from state tort claims in this Special Report from the New York Law Journal.: Free: Also, in the highlighted article from this section, Combatting… [read post]
18 Apr 2008, 2:00 am
, (IMPACT), USPTO launches First Action Interview Pilot Program: (IP Law360), (Peter Zura's 271 Patent Blog), (Patent Baristas), (Patently-O), (Patent Docs), (IP Spotlight), (Anticipate This!) [read post]
16 Apr 2008, 1:29 pm
In this case, one of the three members of a panel of the Board of Patent Appeals and Interferences (“Board”) of the United States Patent and Trademark Office (“PTO”) that ruled on the claims of Petitioner’s patent was appointed by the Director of the PTO, who is not the Head of a Department. [read post]
16 Apr 2008, 1:01 pm
The United States Patent and Trademark Office (USPTO) is initiating a pilot program in which the applicant who complies with certain requirements will receive the results of a prior art search conducted by the examiner, via a condensed Pre-Interview Communication, and then be permitted to conduct an interview with the examiner to discuss the cited prior art references prior to the first Office action on the merits (see flow chart). [read post]
15 Apr 2008, 7:48 pm
In 2003, he pled guilty to one count of “counterfeit of a registered mark” in violation of California Penal Code § 350(a)(2), which imposes criminal penalties on any person who “willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit of a mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark… [read post]
15 Apr 2008, 7:24 am
Per this USPTO press release yesterday: The Commerce Department's United States Patent and Trademark Office (USPTO) today announced that it is initiating a six-month pilot program that will allow an applicant to have an interview with the patent examiner prior to the first Office action on the merits in a new utility application. [read post]
11 Apr 2008, 9:00 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: CAFC overturns final judgment in Google’s favour in case brought by Leo Stoller who seeks to have Google’s trade mark declared generic: (IP Law360), (Trademark Blog), European Parliament says ‘no’ to disconnecting P2P users: (Ars Technica), (Techdirt), (Intellectual Property Watch),… [read post]
9 Apr 2008, 10:35 am
The United States Court of Appeals for the Federal Circuit will hear the case next. [read post]
9 Apr 2008, 5:00 am
In a Notice published in the Federal Register on February 29, 2008 (here), the PTO proposes to amend the Trademark Rules of Practice to provide that the procedures for filing trademark correspondence by Express Mail or under a certificate of mailing or transmission do not apply to certain specified documents for which an electronic form is available in the Trademark Electronic Application System… [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 Apr 2008, 1:44 pm
The question presented is: When a defense of invalidity under Section 282 rests on documentary evidence that was not considered by the United States Patent and Trademark Office, whether the factual predicates of the defense must be proved by “clear and convincing evidence” or some lower burden of proof. [read post]
4 Apr 2008, 1:00 am
, (Ars Technica), (Patent Prospector), (Washington State Patent Law Blog), (IP Law Observer), (PLI), (PLI), (IP Updates), (Patent Docs), (Peter Zura’s 271 Patent Blog), (The Invent Blog), (IP Spotlight), (Just a Patent Examiner), (Techdirt), (Patent Baristas), (IPBiz), (IPBiz), (Patently-O), (IAM), (IP ThinkTank), (Against Monopoly), (Against Monopoly), (IP Law360), (Hal Wegner), (Ladas & Parry), Global… [read post]
2 Apr 2008, 12:52 am
Patent and Trademark Office doesn't have the authority to make the changes. [read post]
1 Apr 2008, 12:55 pm
Dudas and the United States Patent and Trademark Office are permanently enjoined from implementing the Final Claims and Continuations Rules. [read post]
1 Apr 2008, 9:57 am
Dudas (April 1, 2008), the United States Patent and Trademark Office was permanently enjoined from from enacting its proposed "Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications," 72 Fed. [read post]
1 Apr 2008, 9:32 am
Dudas and the United States Patent and Trademark Office and their agents, servants, and employees are permanently enjoined from implementing the Final Rules” Notes: The court made no attempt to carve-out portions of the rules that may be legal. [read post]
1 Apr 2008, 8:27 am
John Dudas and the United States Patent and Trademark Office. [read post]
1 Apr 2008, 7:38 am
Dudas and the United States Patent and Trademark Office):"Today's ruling enjoining the PTO from implementing its controversial rules on continuations and claims is a sound decision that reflects the concerns we expressed in our amicus brief. [read post]
31 Mar 2008, 5:59 am
As noted by Judge Cacheris in permanently enjoining the United States Patent and Trademark Office from enacting the "Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications," 72 Fed. [read post]
28 Mar 2008, 6:00 am
– GIs and the wine industry: (Canadian Trademark Blog) ChinaWorkTools: ‘We won the judgement but it did no good’ Part II: (IP Dragon),How should China spend its extra Yuan on IPR enforcement? [read post]
