Everyone in the IP community wonders if President Donald Trump will create a new order in the IP field much the same way he has approached other areas of the government.

Under 37 C.F.R. § 42.12(a), the PTAB may impose sanctions against a party for "misconduct," including "[f]ailure to comply with an applicable rule or order in the proceeding,"...

On June 13, 2016, the Patent Trial and Appeal Board ("PTAB") issued first ever final written decisions out of post grant review proceedings.

Not often does the Trademark Trial and Appeal Board consider whether a drug is a drug. But that's what happened when the Board reviewed the mark THCTea—finding it misdescriptive.

On July 16, 2015 Scott Slavick's article, "Fee-shifting or fundamental fairness? You decide." was published on InsideCounsel.com.

The grey market creates significant problems for brand owners, including lost profits, erosion of brand value, and product liability.

The Patent Trial and Appeal Board authorized the patent owner to file a motion for additional discovery in Inter Partes Review petition brought by the petitioner, Dr. Reddy's Laboratories, Ltd. ("Dr. Reddy"). (Case IPR2016-01113). - See more at: http://www.brinksgilson.com/additional-discovery-may-be-available-for-requesting-documents-on-a-real-party-in-interest#sthash.2G2wrgUg.dpuf

Prior to the implementation of the Leahy–Smith America Invents Act ("AIA"), the "on sale" bar could be triggered by secret sales and offers-for-sale.

Did the TTAB take a wrong turn on a precedential ruling in a likelihood of confusion case last month?

On May 4, 2015 Scott Slavick's article, "Monster truck wins reversal at TTAB, Board rebukes USPTO examiner for ruling," was published in InsideCounsel.

Today, the Federal Circuit Advisory Council issued a Model Order that it hopes will assist trial courts in crafting orders that reduce litigation costs and streamline patent cases.

On November 2, 2015 Scott Slavick's article, "Wham! Bam! You're Flattened, Batmen!" was published in InsideCounsel.com.

Judge Sandra Dee Lord has joined the United States International Trade Commission as an Administrative Law Judge, making her the third ALJ appointee to join the ITC bench in as many years.

Yesterday, the U.S. Supreme Court granted Samsung's petition for a writ of certiorari in Apple Inc. v. Samsung Electronics Co., Ltd. et al. (No. 15-777) and will hear Apple and Samsung's arguments relating to damages awards in design patent infringement cases.

On April 15, 2013, the U.S. Supreme Court heard arguments in Association for "Molecular Pathology, et al. v. Myriad Genetics, Inc., et al." regarding whether an isolated DNA molecule is patentable.

Formed as a result of the 2011 America Invents Act, the PTAB has become singularly important as a tribunal in patent cases, including inter partes proceedings with respect to patent validity.

Apotex Inc. (Apotex) filed an application with the FDA, seeking permission to begin marketing a biosimilar version of Amgen's FDA-approved Neulasta®.

The maker of "My Other Bag" tote bags received its hoped-for holiday gift in late December when the Second Circuit affirmed the district court's earlier grant of a summary judgment...

On September 29, 2016, the U.S. Supreme Court agreed to decide a case challenging the constitutionality of a law prohibiting registration of degrading trademarks with the USPTO.

The Federal Circuit reversed the final decision of an inter partes review proceeding because the Patent Trial and Appeal Board never established a prima facie basis for its obviousness determination.