Are snack bars related to energy drink powders and bicycles?
John L. Welch's article titled "Are snack bars related to energy drink powders and bicycles?" was published by World Trademark Review Daily. Read more (subscription required).
Articles
Could Secret Sales Bar Your Ability to Patent a Medical Device?
Mike Pomianek's article titled “Could Secret Sales Bar Your Ability to Patent a Medical Device?” was published Medical Device and Diagnostic Industry (MD+DI). Read more.
Isn’t it Obvious to Optimize for Better Results?
Just because your issued patent was examined by the USPTO does not mean that it is free from challenge. Your competitors may, of course, scrutinize your patent and use IPR to challenge its validity—po...
To Prove a Printed Publication, Petitioners Should Connect All the Dots
You found a great prior art reference for your IPR petition. But if that reference isn’t a patent or patent application, you’ll need to think carefully about how to prove that the reference was actual...
Commission Agrees with ALJ Pender that Complainant Waived Indirect Infringement Arguments and that Respondents Waived Obviousness Theories
(as published by the ITC TLA) In the Matter of CERTAIN ROBOTIC VACUUM CLEANING DEVICES AND COMPONENTS THEREOFSUCH AS SPARE PARTS, Inv. No. 337-TA-1057, Commission Opinion (February 1, 2019) Summary: A...
Biopharma IPR Trends - Mid-Year Update 2019
Oona Johnstone and Andrew William's article, titled "Biopharma IPR Trends - 2019 Mid-Year Update," appeared in the April issue of Life Science Leader. Read more.
No Early Disposition When The Key Issue Is Too Complex Or Not Case Dispositive
(as published by ITC TLA) In the Matter of CERTAIN DATA TRANSMISSION DEVICES, COMPONENTS THEREOF, ASSOCIATED SOFTWARE, AND PRODUCTS CONTAINING THE SAME, Inv. No. 337-TA-1150, Order Denying Requests Fo...
The Patent Office POPs the Door Open for Same-Party Joinder
In September 2018, the Patent Office created the Precedential Opinion Panel (or “POP”) to increase transparency and predictability of proceedings before the PTAB by establishing precedent that would g...
Playing for Time
An article written by Hunter Baker titled, "Playing for Time" was featured in Mewburn Ellis Forward Magazine.
The Trademark Reporter's 2019 Annual Review of U.S. Trademark Cases
The 2019 Annual Review of U.S. Trademark Cases, co-authored by John L. Welch and titled “The Seventy-First Year of Administration of the Lanham Act of 1946," appeared in the January-February issue of ...
High Court Scrutinizing Gov't Use Of AIA Reviews
(as published by Law360) On Feb. 19, 2019, the U.S. Supreme Court heard oral argument in Return Mail Inc. v. U.S. Postal Service. The question before the court was whether the government is a “person”...
Lack of Redundancy May Not Be Enough to Justify Follow-On Petitions for IPR
In the 2017 precedential decision General Plastic Co. v. Canon Kabushiki Kaisha, the PTAB established a set of seven non-exclusive factors that it will consider in exercising its discretion under 35 U...