Newsletters

05.02.24

9th Circuit: District Courts Can Void Trademark Applications in Cases Involving Registered Marks

District courts have long had the ability to cancel trademark registrations in cases involving infringement claims or registered marks under 15 U.S.C. § 1119.


04.22.24

Massachusetts Attorney General Issues Advisory on Artificial Intelligence

On April 16, 2024, the Massachusetts Attorney General (AG) published an Attorney General Advisory on the Application of the Commonwealth’s Consumer Protection, Civil Rights, and Data Privacy Laws to Artificial Intelligence. The Advisory warns businesses “that existing state laws and ...


04.16.24

No Joint Inventorship When Contribution Is Insignificant in Quality Compared to Main Invention

In Hip, Inc. v. Hormel Foods Corp.,1 the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared oven was insignificant in quality because it was mentioned only once in the patent specification as an ...


04.11.24

A New Proposal for a Federal Privacy Law is Here: What You Should Know about APRA

Earlier this week, the House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) released a discussion draft of the American Privacy Rights Act of 2024 (APRA).


03.26.24

Discretionary Denial Requires Compelling Analysis Only After Fintiv Factors Support Denial

In Commscope Techs. LLC v. Dali Wireless, Inc.1 the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits analysis that at least one claim is unpatentable only after first ...


03.22.24

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.


03.11.24

Public Use Bar Doesn’t Require Invention to Be Handled or Ready for Human Use/FDA Approval

In Minerva Surgical, Inc. v. Hologic, Inc.,1 the Federal Circuit held that an invention ready for patenting is in public use if it is shown to or used by an individual other than the inventor with no obligation of confidentiality.


02.27.24

Board Must Consider Separately Each Dependent Claim Incorporated Into Multiple Dependent Claim

In Nested Bean, Inc. v. Big Beings USA Pty Ltd.,1 the director of the 'U.S. Patent and Trademark Office (Patent Office) (Director) granted review and modified the Patent Trial and Appeal Board’s (Board) final written decision (Final Written Decision) to require the Board to consider ...


02.20.24

AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.


02.13.24

Patent Office Director Designates Precedential Opinion on IPR Expert Evidence/Testimony

In Xerox Corp. v. Bytemark, Inc., the Director of the U.S. Patent and Trademark Office made precedential a prior decision of the Patent Trial and Appeal Board (the Board) over when an expert declaration from an inter partes review (IPR) should be afforded little weight.