Last week, Facebook and the USPTO both filed briefs in response to a U.S. Court of Appeals for the Federal Circuit (CAFC) Order requesting that the parties and the U.S. Patent and Trademark Office (USPTO) file supplemental briefs explaining their views regarding the effect of the Supreme Court’s April 20, 2020 decision in Thryv, Inc. v. Click-To-Call Techs, LP on the CAFC’s March 18, 2020 decision in Facebook v. Windy City Innovations. In Facebook, the CAFC ruled that the USPTO’s Patent Trial and Appeal Board (PTAB) erred both in allowing Facebook to join itself to a proceeding in which it was already a party, and in allowing Facebook to add new claims to the inter partes reviews (IPRs) at issue through that joinder.
Litigation
- Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?
- Why the Supreme Court Should Weigh in on CMI Violations Under the DMCA
- Precooked Bacon, Artificial Intelligence Patents, and a Defense of the Common Law
- SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal
- Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’
Recent Posts
- Iancu Agrees Key USPTO ANPRM Proposals Should be Handled by Congress
- The Intersection of NILS, NFTS, AI Creations, Big Data, and the Metaverse
- Understanding IP Matters: AI Bots, Creators, and Copyright — Learning to Live Together
- Clause 8: Joff Wild on Founding IAM for Chief IP Officers and EU Commission’s Anti-SEP Crusade
- UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods