Don’t Try to Sneak in Extra Arguments by Incorporating Briefs—The Court is Watching

Promptu Sys. Corp. v. Comcast Cable Commc’ns, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit sent a clear message to attorneys: you can’t get around word limits by “incorporating by reference” arguments from one legal…

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Trademark Board Must Reconsider Baby Product Confusion Case After Evidence Overlooked

Naterra Int’l, Inc. v. Bensalem Authored by: Jeremy J. Gustrowsky A recent decision highlights how important it is for the Trademark Trial and Appeal Board (TTAB) to fully consider all relevant evidence when deciding if two trademarks are likely to…

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USPTO’s Domicile Address Rule for Trademark Applicants Upheld

In re Chestek PLLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified that the U.S. Patent and Trademark Office (USPTO) can require all trademark applicants to provide their actual domicile address—not just a mailing address or P.O. box—when…

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Happy National Inventors’ Day!

We celebrate the ingenuity and creativity of inventors nationwide. We wish you a Happy National Inventors Day and invite you to check out the National Inventors Hall of Fame Inductees who have made an impact on the world. Their stories…

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University’s Alzheimer’s Mouse Patent Blocked by Government License Under Bayh-Dole Act

Univ. of S. Fla. Bd. of Trs. v. United States Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights how the Bayh-Dole Act can give the federal government broad rights to use patented inventions developed with federal funding—even…

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Patent Claim Construction Gets a Reset in High-Tech TV Voice Command Dispute

RAI Strategic Holdings, Inc. v. Philip Morris Prods. S.A Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals has shaken up a long-running patent dispute over voice-controlled television technology. Promptu Systems Corporation accused Comcast…

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Operating Manuals Can Be Prior Art: Federal Circuit Clarifies Public Accessibility Standard

Weber, Inc. v. Provisur Techs., Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit has clarified when company operating manuals can count as “printed publications” that qualify as prior art against patents. The…

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When Are Patent Claim Inputs Truly “Distinct”? Court Clarifies in Smart Thermostat Patent Dispute

Google LLC v. Ecofactor, Inc Authored by: Jeremy J. Gustrowsky A recent decision involving Google LLC and EcoFactor, Inc. sheds light on how patent claims should be interpreted, especially when it comes to whether listed inputs in a method claim…

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When Are Patent Claim Inputs Truly “Distinct”? Court Clarifies in Smart Thermostat Patent Dispute

Google LLC v. Ecofactor, Inc Authored by: Jeremy J. Gustrowsky A recent decision involving Google LLC and EcoFactor, Inc. sheds light on how patent claims should be interpreted, especially when it comes to whether listed inputs in a method claim…

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2024 Black Innovation and Entrepreneurship program

On Thursday, February 22nd, the USPTO is hosting the 2024 Black Innovation and Entrepreneurship program, “Innovate, Elevate, and Empower: Connecting the entrepreneur to the innovation ecosystem.” Special guests and expert panelists will discuss resources and services that can help you…

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USPTO to host webinar series for their new trademark search system.

The webinars are intended for both new users and experienced practitioners. Each webinar builds upon the prior event and covers more complex subject matter. For information about this event, including CLE credit, accessibility requests, and registration. please visit USPTO.

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Slogan “EVERYBODY VS RACISM” Denied Trademark Protection for Failing to Identify a Single Source

In re Go & Assocs., LLC Authored by: Jeremy J. Gustrowsky The United States Court of Appeals for the Federal Circuit recently affirmed a decision that denied trademark registration for the phrase “EVERYBODY VS RACISM.” The applicant, GO & Associates,…

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