Patent Subject Matter Eligibility in Federal Court

In 2019 in an effort to promote consistency in the patent examination process, the U.S. Patent and Trademark Office (“USPTO”) issued revised guidance on patent subject matter eligibility, particularly with reference to judicially recognized exceptions to patentability including abstract ideas, laws of nature, and natural phenomenon. The USPTO guidance was later incorporated into the Manual […]

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BIG CHANGES IN ABILITY TO FORUM SHOP IN PATENT LITIGATION

The May 2017 verdict rendered by the U.S. Supreme Court in Heartland LLC v. Kraft Foods Group Brands LLC (“Heartland”) was a powerful blow to non-practicing entities (“NPEs”) seeking to enforce their patent rights. NPEs, sometimes colloquially known as “patent trolls”, are entities which acquire patents for the primary purpose of enforcing those patents through […]

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GENE SIMMONS RIGHTFUL HOLDER OF TRADEMARK FOR HAND GESTURE?

Gene Simmons of notable rock band Kiss filed a U.S. Trademark application last month (Serial No. 87482739) for the above-pictured hand gesture and shortly thereafter withdrew the application. The application indicated “[e]ntertainment, namely, live performances by a musical artist; personal appearances by a musical artist” as the covered goods/services. U.S. Patent & Trademark Office records […]

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IOT WORKSHOP AT NEXTFAB

Dimitri Dovas building an LED controller at NextFab Intellectual property lawyers including patent attorneys like myself often deal with quickly developing technologies. While lawyers are generally required to participate in continuing legal education (“CLE”) classes to maintain their legal license, there are no requirements for “continuing technical education” for intellectual property attorneys, even though such […]

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THE U.S. PATENT & TRADEMARK OFFICE IS NOT ON MADISON AVENUE

We frequently field calls from clients who have received official looking notices requesting payment for renewing or maintaining their patents and trademarks.  Since information regarding issued patents and registered trademarks is publicly available, patent and trademark registration holders frequently find themselves solicited by those with questionable intentions. My law firm is a holder of its […]

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GET TO KNOW YOUR PATENT EXAMINER

Lately, our firm has been receiving solicitations from companies offering patent prosecution statistical services. These services aggregate publically available data from the U.S. Patent & Trademark Office to generate information such as a patent examiner’s allowance rate, applicants’ success rate appealing an examiner, and the average time an application is pending before an examiner. The […]

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DOVAS LAW HOSTS “IP ISSUE SPOTTING” CLE CLASS FOR ATTORNEYS MARCH 4, 2015 AT JENKINS LAW LIBRARY

This one hour, one credit class covered common intellectual property issues for entrepreneurs, startups, and established companies large and small. Concepts addressed included the applicability of different types of intellectual property protection, employee and independent contractor agreements, due diligence in mergers and acquisitions, and alternative dispute resolution. Jenkins Law Library, America’s first law library, is […]

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