New Ex Parte Appeal Rules

The United States Patent and Trademark Office (USPTO) has set forth new rules regarding the ex parte appeal process before the Patent Trial and Appeal Board.  The new rules took effect on January 23, 2012, with a majority of the…

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ICANN Approves New Generic Top-Level Domain Names, Including The XXX Domain

ICANN’s Board of Directors has approved a plan to allow an increase in the number of internet address endings, otherwise known as generic top-level domain names (gTLDs).  Currently 22 gTLDs exist, with .com being the most utilized.  However, internet address…

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U.S. Supreme Court Issues Decision in Microsoft v. i4i Case

The U.S. Supreme Court has handed down a decision in the much-anticipated Microsoft v. i4i case.  In its decision, the Supreme Court affirmed that invalidity of a patent must be proved by clear and convincing evidence.  To read the full…

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Building the Strength of Your Trademark

So, you can rest easy now that you have a federal trademark registration, right?  No!  Federal trademark registrations provide many protections and advantages to trademark owners.  Nevertheless, even with federal trademark registrations in hand, trademark owners will benefit from active…

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Woodard, Emhardt Law Clerk Reaches National IP Moot Court Competition

Woodard, Emhardt law clerk Mike Morris recently participated in the national competition of the Giles Sutherland Rich Intellectual Property Moot Court Competition.  Mike’s team won the Chicago regional competition, earning a spot in the national competition for the top 8…

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USPTO Begins Patent Prosecution Highway Pilot Program with Russian Patent Office (ROSPATENT)

The United States Patent and Trademark Office (USPTO) is participating in a one-year patent prosecution highway pilot program with the Russian Patent Office.  The pilot program will last for one year beginning on September 1, 2010.  Under the Patent Prosecution…

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Trademark Office Consistency Program Extended

After assessing the Trademark Consistency Initiative Pilot Program, the United States Patent and Trademark Office (USPTO) has decided to extend and expand the program.  The USPTO is expanding the parameters of the program so that a Request for Consistency Review…

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USPTO Funding Bill Becomes Public Law

The United States Patent and Trademark Office (USPTO) was successful in its lobbying efforts to get an important funding bill (H.R. 5874) passed by Congress and signed by the President.    The legislation allows the USPTO to increase its spending authority…

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Case Law Update: Enforcing a Judgment by Levying a Domain Name

The Ninth Circuit issued an ironic ruling last month regarding levying domain names to satisfy a prior judgment. In Office Depot, Inc. v. Zuccarini (9th Cir., Feb. 2010), the Ninth Circuit ruled that a creditor can levy a domain name…

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Extend Your Patent Term

In a recent case (Wyeth v. Kappos), the Federal Circuit issued an opinion concerning how Patent Term Adjustment (PTA) should be calculated.  The USPTO’s method of calculating PTA will now be revised based on the new standard.  The result favors…

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