Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned patent. Read More
On June 21, 2021, in United States v. Arthrex, the Supreme Court finds that Administrative Patent Judges (“APJs”) on the Patent Trial and Appeal Board (“PTAB”) panels for inter partes review (“IPR”) proceedings to be acting as Principal Officers in violation of the Appointments Clause.Read More
A failure to address IP considerations can have a devastating and lasting impact—including a permanent loss of IP rights and a risk of costly litigation—which ultimately hinders the ability to grow from a startup into a thriving, successful company.Read More
Through the passage of the recent budget bill directed to providing COVID relief, Congress has also passed the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”), essentially creating a small claims “court” within the Copyright Office itself.Read More
The Supreme Court of the United States held unanimously in Romag Fasteners Inc. v. Fossil Inc., et al., 140 S. Ct. 1492 (2020) that a plaintiff in a trademark infringement suit does not have to prove willfulness for an award of defendant’s ill-gotten profits as damages under the Lanham Act.Read More
The USPTO has now extended patent deadlines another month for small and micro entities.Read More
In his latest IP Pipeline blog post, Tampa partner Woodrow Pollack discusses whether the COVID-19 crisis warrants ex parte relief to address price gouging under trademark theories.Read More
For many patent and trademark filing deadlines that would have been due between March 27, 2020 and May 31, 2020, the USPTO will consider them timely filed so long as: (1) they are filed on or before June 1, 2020; and (2) they are accompanied by a statement that the delay in filing was due to the COVID19 outbreak.Read More
The answer – No.
Plaintiff in a patent infringement matter concerning Plaintiff’s ceiling fan patents asked the court to delay all deadlines 90-days in light of the COVID19 crisis. Plaintiff noted that the parties and attorneys are all located in states that imposed social distancing guidelines and other stay at home...Read More
- Minerva Surgical, Inc. v. Hologic Inc.: The Supreme Court Limits the Scope of Assignor Estoppel
- United States v. Arthrex: The Supreme Court Provides the Director of the USPTO with Review Authority over Final PTAB Decisions
- Starting a Business?: Trademark Considerations for Startups
- Congress Passes CASE Act of 2020 and Law Regarding Unauthorized Streaming Services
- Romag Fasteners v. Fossil: Willful Infringement is Not Required to Recover an Award of Profits in Trademark Infringement
- Trademark Squatting or Lucrative Opportunity? Time Will Tell
- Patent and Trademark Deadlines Further Extended Due to the COVID-19 Crisis
- Does the COVID Crisis Warrant Ex Parte Relief to Address Price Gouging under Trademark Theories?
- Patent and Trademark Right Deadlines Further Extended (to June 1, 2020) Due to the COVID-19 Crisis
- Does COVID19 Warrant A 90-Day Extension Of a Case Pending More Than A Year?