(As published in IP Watchdog) Inventions that are worth protecting are at the core of almost every new technology startup. For a newly formed company, it can be daunting to evaluate the amount of time...
The Federal Circuit recently held in In Re Maatita that a single plan-view drawing in a design patent application for a shoe bottom sufficiently enabled the claimed design, and the lack of additional ...
Jonathan Roses co-authored on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice Committee an August 2018 Response to USPTO Request for Comments on changes in examination pr...
(as published by Thomson Reuters Westlaw Journal IP) Two recent events will drive big changes in ongoing and future post-grant trials, including in inter partes review, post-grant review and covered b...
Typically, the PTAB and district courts apply different claim construction standards, which can cause the two forums to construe the same term from the same patent differently. Such divergent treatmen...
John L. Welch's article titled "TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars" was published by World Trademark Review. Read mor...
A recent Federal Circuit decision illustrates the dangers of construing claims too broadly when applying the “broadest reasonable interpretation” (BRI) standard. Petitioners especially must remember t...
As we have written previously, the PTAB is very active in defining what is and is not a printed publication, and what the PTAB decides can make or break the IPR. A recent decision illustrates yet agai...
John L. Welch's article titled "Federal Circuit: TTAB applied wrong test in finding Coca-Cola’s ZERO mark not generic for soft drinks" was published by World Trademark Review. Read more (subscription ...
A recent district court decision illustrates that petitioners should think carefully about requesting IPRs of claims that they may challenge as indefinite in litigation. Indefiniteness challenges are ...
Jonathan Roses was the lead author on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice and Contested Matters Committees of a July 2018 Response to USPTO Request for Commen...
An article co-authored by Scott McKeown titled “INSIGHT: Orange, Purple Book Patentees Hone PTAB Survival Skills” was published in Bloomberg Law. In this article, Scott and his co-authors how patent o...