Patent

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty…

This Week in Washington IP: Algorithmic Biases in AI, Federal Funding of R&D Programs and Digitalization-Driven Improvements to Energy Efficiency

July 6, 2020

This week in Washington IP news, a pair of committee hearings in the House take a look at the use of artificial intelligence in contact tracing and exposure notification programs…

Supreme Court’s Booking.com Ruling Signals Uptick in Registration of ‘Generic.com’ Marks

July 5, 2020

Litigation, Patent, Trademark

On Tuesday, June 30, the U.S. Supreme Court affirmed the Fourth Circuit’s holding that BOOKING.COM is a protectable trademark. The U.S. Patent and Trademark Office (USPTO) had refused registration of…

Sixth Annual Firecracker 25: My Best Songs of All Time

July 4, 2020

I’m honored to participate in IPWatchdog’s annual Fourth of July tradition in which we publish readers’ and staff picks for the “Top 25 songs of all time.” Previous top 25…

Other Barks & Bites for Friday, July 3: Busy Week for USPTO Announcements, New Vision Gaming Says PTAB Institution Process is Unconstitutional, Federal Circuit Affirms Invalidity of Enbrel Patent Claims

July 3, 2020

This week in Other Barks & Bites: the Federal Circuit affirms the invalidation of patent claims covering the rheumatoid arthritis treatment Enbrel using a novel argument on obviousness-type double patenting,…

A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)

July 2, 2020

Much has already been written in a relatively short period of time since the Eleventh Circuit decided Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir.…

Supreme Court Declines to Consider PTAB Authority to Overturn Article III Decisions

July 1, 2020

Litigation, Patent

On June 30, the U.S. Supreme Court denied certiorari to Chrimar Systems, Inc., thereby letting stand a decision of the United States Court of Appeals for the Federal Circuit and…

The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks

June 30, 2020

Litigation, Patent, Trademark

The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods or services only if the…

This Week in Washington: Digitized Payment Systems, Operation Warp Speed and Changing American Tech

June 29, 2020