Intellectual Property Law Knowledge Center

Trademark Fee Increases

November 23rd, 2020

The United States Patent and Trademark Office (“USPTO”) will be enacting several trademark fee adjustments, effective January 2, 2021. We will see significant increases in application filing fees, maintenance and renewal fees, and Trademark Trial and Appeal Board (“TTAB”) fees.

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Don’t Forget About Design Patents

November 9th, 2020

Say you have a great new invention. What is one major thing you need to do before releasing it to the world and making your millions? Get a patent! Don’t stop there, though. In many cases, it makes sense to get a design patent in addition to a standard utility patent.

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Federal Circuit Clarifies Hatch-Waxman Venue

November 6th, 2020

So you want to bring your Hatch-Waxman suit and find a, perhaps, more favorable jurisdiction – like your own.  Yesterday, the Federal Circuit undercut that possibility for many actions brought against ANDA filers.

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Copyrights: Protect Yourself and Respect Others

September 15th, 2020

Copyright is a dangerous legal minefield for organizations, particularly with so many copyrighted works readily available for employees to unthinkingly cut, paste and use improperly for company marketing purposes.

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Typing (Yes, Typing) Tips in Intellectual Property Law

September 8th, 2020

Here are a few quick tips on typing IP-related characters in Microsoft Word and Outlook, and a tip on pasting that is not IP-specific but is worth knowing.

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Three Options for Protecting Your New Plant Cultivar – Which are Best for You?

August 26th, 2020

Up until recently, breeders of asexually reproduced plants had essentially a single option for protecting their novel variety in the United States: a U.S. Plant Patent. But due to several legal and technological changes, three options now exist: plant patents, utility patents, and plant variety protection certificates.

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Federal Circuit Rules Portion of PACER Fees Improper

August 6th, 2020

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.

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Mark My Words! – Heed Patent Marking Requirements

July 29th, 2020

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?

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Flimsy Sealing Order Request Results in the Disclosure of ‘Confidential’ Information

July 9th, 2020

The Federal Circuit today 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.  The request covered two categories of documents: (1) company confidential materials and (2) third party confidential materials.  Non-party Electronic Frontier Foundation intervened to obtain public access to the supposedly confidential documents. 

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Inter Partes Reviews – Patent Owners to Get a Helping Hand?

May 28th, 2020

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). 

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