The September-October 2022 issue of The Trademark Reporter [pdf here], as described by Willard Knox, Editor-in-Chief, "offers our readers an article mapping out how to navigate the doctrine of foreign equivalents...

As to factor 4, there was no genuine dispute that applicant had a full and fair opportunity to litigate the ownership issue in the civil action.

Under the estoppel provisions of 35 U.S.C. § 315(e), if an IPR results in a final written decision, the petitioner is barred from raising invalidity arguments in court or the ITC based on any grounds

The United States Patent and Trademark Office (USPTO) announced a new program designed to prioritize examination of patents geared towards the prevention or treatment of COVID-19.

Notably, these three cases demonstrate that the Board may deny institution on this basis even where aspects of the arguments, at first glance, seem new.

Professors Barton Beebe and Jeanne C. Fromer of New York University School of Law have published a new article on Section 2(a) "immoral or scandalous" refusals:

A critical and early determinant in any procedural review is an examination of the permissibility of individual pieces of evidence. In matters of intellectual property, and particularly in IPRs,

It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.

Here are three ex parte appeals decided yesterday by the Board: a Section 2(d) likelihood of confusion case, a Section 2(e)(1) mere descriptiveness refusal, and a Section 2(e)(4) surname ruling.

Bio/pharma patents are rarely targeted in inter partes review (IPR) proceedings because their technical vulnerabilities often relate to written description and/or enablement.

Section 315(e)(2) states that an IPR Petitioner "may not assert either in [court or the ITC] that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.

Russell Earl "Bucky" Dent was a light-hitting shortstop for the New York Yankess when, in 1978, he hit a three-run homer that gave the Yankees a 3–2 lead in the AL East division tie-breaker game...

The latest issue of the The Trademark Reporter features an article by former TTAB Judge Lorelei Ritchie, now an Assistant Professor at Southern Illinois University School of Law...

Professor Robert E. Mikos takes the USPTO to task in his recent Vanderbilt Law Review article, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law".

The July-August 2022 issue of The Trademark Reporter [pdf here], as described by Willard Knox, Editor-in-Chief, "offers readers a first for the TMR: an article co-authored by a neuroscientist...

The Board affirmed a refusal to register the proposed mark FLIPPABLE FIRMNESS for "Online retail store services featuring bed frames, foundations, mattresses, pillows, toppers, and bed sheets"...

A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions.The Board has recently made available a form for nominating a Board decision as precedential.

The USPTO is seeking applications for the position of Supervisory Managing Interlocutory Attorney at the TTAB. The detailed announcement may be found here at the USA Jobs website.

The USPTO refused to register the proposed mark GOLDN PAYDIRT for ""Gold; Gold bullion; Gold ore; Gold and its alloys; Gold, unworked or semi-worked; Gold, unwrought or beaten; Palladium; Palladium and its alloys; ...

I ran a Twitter poll for the last several days, asking this question: After attending the INTA Annual Meeting in DC, did you test positive for Covid? The results are set out below.