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Archive for the ‘USPTO’ Category

ACLU Files Amicus Brief in Support of Washington Redskins’ Trademarks

By Amanda Liverzani – Edited by Yunnan Jiang

Football season may be over, but the trademark battle over the Washington Redskins’ team name, mascot, and logo continues to rage on in federal court. On March 5th the ACLU filed an amicus brief in support of the NFL team’s right to register six trademarks despite the disparaging nature of the term “Redskins.”  The ACLU urged the court to strike down as unconstitutional the portions of the Lanham Act that allow the USPTO to engage in viewpoint discrimination by denying registration of trademarks it deems “immoral, deceptive, or scandalous.”

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Posted On Mar - 17 - 2015 Comments Off READ FULL POST

Whack-a-troll Legislation

Written by Asher Lowenstein     —   Edited by Yaping Zhang

Patent assertion entities’ extensive litigation activities in different states enables to assess the efficacy of the proposed bills against legal strategies these trolls, such as MPHJ Technology, have engaged in. The legal battles confirm some of the concerns about the usefulness of proposed regulatory measures.

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Posted On Dec - 22 - 2014 Comments Off READ FULL POST

Court of Appeals for the Federal Circuit Rules Harvard Oncomouse Patent Expired 

By Michelle Goldring – Edited by Paulius Jurcys

The United States Court of Appeals for the Federal Circuit affirmed the United States District Court for the Eastern District of Virginia, which had granted summary judgment to the Patent and Trademark Office. On de novo review, the Court of Appeals upheld the district court’s finding that Harvard’s third patent on a gene sequence used to make research animals more susceptible to cancer had expired and was not eligible for new claims under 37 C.F.R. § 1.530(j).

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Posted On Nov - 11 - 2014 Comments Off READ FULL POST

Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation Error

Non-Infringement of Cellular Network Patents Affirmed

Federal Circuit Finds it Lacks Subject-Matter Appellate Jurisdiction Over Patent Infringement Case
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Posted On Jul - 21 - 2014 Comments Off READ FULL POST

USPTO’s post-Alice guidance on patenting claims involving abstract ideas.
By Max Kwon – Edited by Sarah O’Loughlin

In response to Alice Corp. v. CLS Bank, the USPTO issued a memorandum stating that it will now require that all claims involving abstract ideas for subject matter eligibility be analyzed under the framework outlined in  Mayo Collaborative Services. Although this approach adopts a single analysis, it remains to be seen whether the test will provide enough guidance to both patentees and courts for determining what qualifies as a patentable claim involving an abstract idea.

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Posted On Jul - 7 - 2014 2 Comments READ FULL POST
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