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Federal Circuit: Written Description of Claimed Result Requires More Than Recitation of Claim Language
Alert - June 12, 2019

The Federal Circuit recently issued a precedential opinion in Nuvo Pharmaceuticals v. Dr. Reddy’s Laboratories (2017-2473). The court held Nuvo’s asserted claims invalid...

USPTO Issues Examination Guide on Trademark Applications for Cannabis and Cannabis-Related Goods and Services
Alert - June 11, 2019

On May 2, 2019, the United States Patent and Trademark Office (“USPTO”) issued Examination Guide 1-19 (“Examination Guide”), which outlines the path to registration for trademark applications covering hemp-based goods and services...

Congress Rethinking Patent Eligibility
Alert - May 31, 2019

Several congressional representatives have taken interest in an array of court decisions finding patent ineligibility across the innovative spectrum...

Mission Products v. Tempnology: SCOTUS Holds that Rejection of Trademark License in Bankruptcy Does Not Terminate the Right to Use the Mark
Alert - May 22, 2019

On May 20, 2019, the U.S. Supreme Court held by a vote of 8-1 that a trademark licensor’s rejection in bankruptcy of a trademark license does not terminate...

Supreme Court Holds That Copyright Owners Must Wait for Registration Before Filing Suit
Alert - March 05, 2019
On March 4, 2019, the Supreme Court issued a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street​.com, No. 17-571, 585 U.S. __ (2019), holding that a copyright owner cannot file an infringement lawsuit until the Copyright Office ...
Supreme Court Clarifies Cost Awards in Copyright Suits
Alert - March 04, 2019
On March 4, 2019, the U.S. Supreme Court determined that cost awards in copyright cases are limited to the six categories of recoverable costs identified in the general cost statute, codified at 28 U.S.C. §§1821 and 1920. Accordingly, the ...
Hashtag Found Not to be Registrable
Alert - February 21, 2019
The Trademark Trial and Appeal Board (“TTAB”) recently issued a precedential decision about the use of hashtag trademarks in In re: DePorter, Serial No. 87/229,711 (TTAB Jan. 29, 2019). Many companies use hashtags in their marketing, and ...
Only a Patent Owner's Action Triggers § 315(b)'s Time Bar
Alert - February 08, 2019
On January 31, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a decision in Sling TV, L.L.C. et al. v. Realtime Adaptive Streaming, LLC, IPR2018-01331, Paper 9 (PTAB January 31, 2019), holding that only a patent owner’s ...
Iancu v. Brunetti: Supreme Court Grants Cert to "Scandalous Marks" Case
Alert - January 10, 2019

The U.S. Supreme Court has agreed to hear a case that will likely determine whether the United States Patent and Trademark Office’s ban on "scandalous" and “immoral” trademarks violates the First...

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