Toll free 888-291-5676 August 2020 Global Intellectual Property (IP) Transactions and Litigation Intellectual Property Intelligence   Federal Circuit Rules Portion of PACER Fees Improper In a decision released on Aug. 6, 2020 , the United States Court of Appeals for the Federal Circuit held that a portion of user fees charged to PACER users is unauthorized by statute and therefore is improper.         Mark My Words! – Heed Patent Marking Requirements Congratulations! You’ve just been awarded a patent on your invention, which you are now manufacturing or otherwise using. You want to be certain that you will be able to enforce your patent and to collect any damages to which you are entitled, should someone infringe it. Now what?         Flimsy Sealing Order Request Results in the Disclosure of “Confidential” Information The Federal Circuit affirmed a district court’s denial of a motion for reconsideration of an intervenor’s opposition to a motion to seal. In Uniloc 2017 LLC v. Apple, Inc., 2019-1922 (Fed. Cir. Jul. 9, 2020), Uniloc had moved to seal the briefing and record associated with Apple’s motion to dismiss premised on a defect in Uniloc’s ownership rights due to a loan default.         Inter Partes Reviews – Patent Owners to Get a Helping Hand? Proposed rule changes by the United States Patent & Trademark Office (USPTO) published on May 27, 2020 may finally help improve patent owners’ odds of avoiding inter partes reviews (IPRs).         U.S. Trademark Office Makes Process Changes to Combat Bad Faith Filings New rules at the U.S. Trademark Office will require changes to the way trademark attorneys do business. The new rules affect everything from the types of information that can be included in a registration application to the contact information for the applicant.   Highlights from Panitch Schwarze           Panitch Schwarze Lawyers Named Among ‘The Best Lawyers in America’ for 2021 Six of our attorneys have been named to the 2021 edition of The Best Lawyers in America®, one of the legal profession’s oldest and most respected peer-review publications. The firm’s 2021 Best Lawyers include Ronald L. Panitch, William W. Schwarze, Martin G. Belisario, John D. Simmons, Clark A. Jablon, and Stephen E. Murray. The firm’s 2021 Ones to Watch include Keith Jones and Bijal Shah-Creamer. They were recognized for their excellence in the practice areas of patent litigation, intellectual property litigation, patent law, trademark law, and trade secrets law.           Panitch Schwarze Attorney Dennis J. Butler Named Among Irish Legal 100 Dennis J. Butler was selected for inclusion in the Irish Legal 100. Founded in 2008 by the Irish Voice newspaper in New York, the Irish Legal 100 is an annual list of the most distinguished U.S. legal professionals who share an Irish background.           Panitch Schwarze Hires Litigator Jeffrey K. Sherwood Panitch Schwarze Belisario & Nadel LLP is proud to announce that Jeffrey K. Sherwood has joined the IP boutique firm as of counsel.           Panitch Schwarze Partners Named Among 2020 ‘IP Stars’ and IAM Patent 1000 Managing Intellectual Property has named intellectual property attorneys Erin M. Dunston and Philip L. Hirschhorn 2020 IP Stars. Both Dunston and Hirschhorn were named in the National and Pennsylvania rankings for litigation, and Dunston was also named in the National and Pennsylvania rankings for prosecution. Dunston and Hirschhorn were also recently named part of the IAM Patent 1000 for litigation – Dunston for the D.C. Metro Area and Hirschhorn for New York. Dunston was also ranked nationally for post-grant proceedings.           5 Panitch Schwarze Attorneys Named Among 2020 PA Super Lawyers Philadelphia IP attorneys Martin G. Belisario, Clark A. Jablon, Ronald L. Panitch, William W. Schwarze, and John D. Simmons have been named to the 2020 Pennsylvania Super Lawyers list. No more than 5 percent of a state’s attorneys are recognized as Super Lawyers each year.           Panitch Schwarze Partner Authors Article on IPRs, Patent Damages and Patent Activity for Information Display Magazine Partner Clark A. Jablon authored “Is the Sky Falling in the US Patent Industry” for the Marketplace section of Information Display Magazine. Jablon’s article is available in print and on the Wiley Online Library.             Featured Practice Area – Patents With the rapid advancement of new technologies in virtually all areas of science, patents continue to be one of the most important ways to protect intellectual property rights. Our attorneys recognize this and rely on their wealth of experience and knowledge to successfully guide clients through the patent process. Widely recognized as leaders in the field of intellectual property law, our attorneys are adept at handling all aspects of the patent process. Featured Industry – Medical / Medical Equipment / Medical Devices Panitch Schwarze Belisario & Nadel LLP serves the medical, medical equipment and medical device industries, helping healthcare businesses safeguard and enforce their intellectual property. We take the time to get to know our clients and their businesses, to determine what needs to be trademarked, if there is anything that needs to be patented, and if there are any trade secrets to protect. Did you Know? Lonnie Johnson, who is a client of Panitch Schwarze’s, recently was featured in Journeys of Innovation, a series by the U.S. Patent and Trademark Office that tells the stories of inventors or entrepreneurs whose groundbreaking innovations have made a positive difference in the world. Frequently Asked Questions About IP How do I find out if my invention was already out there? A. For an invention to be “patentable”, it must be useful, novel and nonobvious. Read more… Q: What are the procedures for U.S. trademark registration? A: The USPTO offers applicants three primary options as the underlying basis for pursuing and obtaining… Read more… Q. What is the value of trademark searches? A: Before filing an application for a trademark registration, it is prudent for applicants to first… Read more… Connect with Us     Visit our website at www.PanitchLaw.com Two Commerce Square, 2001 Market Street, Suite 2800, Philadelphia, PA 19103 // (215) 965-1330 Wells Fargo Tower, 2200 Concord Pike, Suite 201, Wilmington, DE 19803 // (302) 394-6030 Copyright © Panitch Schwarze Belisario & Nadel LLP Panitch Schwarze Belisario & Nadel LLP is a premier intellectual property law firm based in Philadelphia, Pa and Wilmington, De. The firm provides individuals with intellectual property and trademark law legal counsel and representation in copyrights, IP protection, licensing, litigation, patents, trade secrets, trademarks and related matters. The firm prides itself on leadership within the profession and a strong record of success. In some states, this correspondence may be considered attorney advertising. Transmission of this document is not intended to create, and receipt does not establish, an attorney-client relationship. This newsletter is intended for informational purposes only and should not be construed as legal advice on any subject matter. The contents of the email do not necessarily represent the opinions of Panitch Schwarze Belisario & Nadel LLP or its clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Panitch Schwarze Belisario & Nadel LLP, please contact one of our lawyers, who will be pleased to discuss how our firm can assist you. An attorney-client relationship will arise between you and our firm only if we specifically agree to act for you. Unless and until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.