Trademark Win for Coffee Shop: “KAHWA” Can Be Registered Despite Tea Connection

In re Bayou Grande Coffee Roasting Co. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently reversed a decision by the Trademark Trial and Appeal Board (TTAB) that had refused to register the mark “KAHWA” for cafés and coffee shops.…

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Who Is the Inventor When AI Is Involved? USPTO Issues New Guidance on AI-Assisted Inventions

Revised Inventorship Guidance for AI-Assisted Inventions Authored by: Jeremy J. Gustrowsky The United States Patent and Trademark Office (USPTO) recently released revised guidance clarifying how inventorship should be determined for inventions created with the help of artificial intelligence (AI). This…

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Patent Office’s Discretion in IPR Decisions Upheld: No Mandamus Relief for Motorola

In re Motorola Sols., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit denied Motorola Solutions, Inc.’s attempt to overturn the Patent Office’s (USPTO) decision to end several inter partes review (IPR) proceedings involving patents challenged…

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Federal Circuit Rejects Standing for Patent Owner Groups Challenging USPTO Rulemaking Denial

US Inventor, Inc. v. United States Pat. & Trademark Off Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of a lawsuit brought by US Inventor, Inc. and National Small Business United against the…

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USPTO Panel Reverses §101 Rejection for AI Training Patent, Citing Real Technical Improvements

USPTO Authored by: Jeremy J. Gustrowsky A recent decision by the United States Patent and Trademark Office (USPTO) Appeals Review Panel has important implications for artificial intelligence (AI) and machine learning patents. The case involved U.S. Patent Application No. 16/319,040,…

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Federal Circuit Affirms Prosecution Laches Defense Against Hyatt’s Decades-Old Patent Applications

Hyatt v. Stewart Authored by: Jeremy J. Gustrowsky In the long-running legal saga of inventor Gilbert P. Hyatt, the Federal Circuit has once again sided with the U.S. Patent and Trademark Office (USPTO), affirming that prosecution laches—a defense based on…

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Federal Circuit Clarifies Limits of Interference Estoppel in Patent Reviews: IGT v. Zynga

IGT v. Zynga Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent litigation and the gaming industry, the Federal Circuit affirmed the unpatentability of several claims in IGT’s U.S. Patent No. 7,168,089, which covers secure software transfers…

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Patent Board Denies Rehearing for DeepMind’s Machine Learning Patent Application

USPTO Authored by: Jeremy J. Gustrowsky In a recent decision, the Patent Trial and Appeal Board (PTAB) denied a request for rehearing from DeepMind Technologies Limited regarding their U.S. Patent Application No. 16/319,040. The application, which focuses on improving machine…

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French Fashion Brand Blocked from Registering “VETEMENTS” as a U.S. Trademark

In re Vetements Grp. AG Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark “VETEMENTS” for clothing and online retail clothing store services. The…

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Federal Circuit Affirms Refusal to Register “US SPACE FORCE” Trademark Due to False Suggestion of Connection with U.S. Government

In re Foster Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the refusal to register the trademark “US SPACE FORCE” for private use, finding that it would falsely suggest a connection with the United States…

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Patent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope

In re Kostic Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified an important rule for patent owners seeking to broaden their claims through a reissue: what matters is the actual language of the original claims,…

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Patent Provisional Rights Don’t Outlive Patent Expiration, Says Federal Circuit

In re Forest Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that “provisional rights” to a patent cannot exist if the patent itself is already expired by the time it issues. The case involved Donald…

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