The Board dismissed this petition for cancellation of a registration for the mark THE $NOB, in standard character form, for "multimedia publishing of books, magazines, journals, software, games, music, and ...
Here are three recent appeals from mere descriptiveness refusals under Section 2(e)(1). How would you decide them? Remember the Board affirms about 85% of mere descriptiveness refusals that are appealed. ...
Top Ten No. (2) Cuozzo Speed v. Lee (con’d): “Broadest Reasonable Interpretation” in Post-Grant Proceedings
As noted earlier today, the Supreme Court has granted certiorari in what has become Top Ten No. (2) Cuozzo Speed Technologies LLC v. Lee,Supreme Court No. 15‑446 . A copy ...
Today, the Court granted certiorari in Cuozzo Speed Technologies LLC v. Lee. The Court will now accept briefing from the parties and amici as part of the merits appeal. Regards, ...
The USPTO refused registration of the mark DIAMONDESS for "jewelry primarily comprised of simulated diamonds and gemstones," deeming the mark deceptive under Section 2(a). Applicant Hyman appealed, arguing that DIAMONDESS ...
In Cuozzo Speed Technologies LLC v. Lee, Supreme Court No. 15‑446, petitioner directly challenges the rule for post grant proceedings that claims should be given their “broadest reasonable interpretation”. This ...
Today in Merck KGaA v. Merck Sharp & Dohme Corp., [2016] EWHC 49 (Pat)(High Court 2016)(Norris, J.), the trial court provides a fascinating history of the two giant chemical and ...
Biomet v. Puget Bioventures: Federal Circuit Cannot Review Amended Reexamination Claims in Expired Patent
Today in Biomet Orthopedics, LLC v. Puget Bioventures, LLC, __ Fed. App’x __ (Fed. Cir. 2016)(Moore, J.), in an inter partes reexamination of a patent that expired after the PTAB decision, ...
Not infrequently, applicants complain that in their applications, inventions which appear to be novel and nonobvious are simply rejected over what appears to be a random collection of prior art ...
On January 6, 2016, Matthew H. Swyers, proprietor of The Trademark Company, commenced a lawsuit against the USPTO, alleging that the Office has violated his Constitutional rights in its investigation ...