Archives: Patents

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USPTO Provides Further Relief to Patent and Trademark Applicants In Response to the Continuing COVID-19 Pandemic

As a further update to our earlier posts (U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act; How the USPTO is Responding to the Coronavirus Outbreak; and USPTO and Copyright Office Announce Extensions to Deadlines Under the CARES Act) regarding actions taken by the United States Patent and Trademark Office (USPTO) … Continue Reading

An Important Option to Consider for Filing Patent Applications in the COVID-19 Era

We may be living in uncertain times right now but that does not mean the end of technological innovations. In fact, many individuals, companies, and even entire industries are innovating more than ever now—intentionally or not—as they strive to adapt to the changing needs of users and consumers due to the ongoing pandemic. However, because … Continue Reading

U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act

As a further update to earlier posts (“How the USPTO is Responding to the Coronavirus Outbreak” and “USPTO and Copyright Office Announces Extensions to Deadlines”) regarding recent actions taken by the United States Patent and Trademark Office (USPTO) due to the COVID-19 pandemic, the USPTO announced this week an increased extension of time for the … Continue Reading

Supreme Court Reinforces Position That the Patent Office Has the Final Say on Whether to Initiate an Inter Partes Review

On April 20, 2020, the U.S. Supreme Court decided that the USPTO’s decision to institute inter partes review, even after the one-year statutory time limit for requesting the review, is not appealable. In other words, the USPTO has the final say for all questions that are closely tied to its decision whether to initiate inter … Continue Reading

USPTO and Copyright Office Announce Extensions to Deadlines Under the CARES Act

As an update to our earlier post regarding deadlines and operation of the United States Patent and Trademark Office (USPTO) during the ongoing COVID-19 situation, the USPTO under the authority of the CARES Act announced extensions to the time allowed to file certain patent and trademark-related documents and to pay certain required fees. While the … Continue Reading

How Patent Offices Outside the United States Are Responding to the COVID-19 Pandemic

It has been more than two weeks since the United States Patent and Trademark Office issued a formal response to the COVID-19 pandemic announcing that certain petition fees could be waived for patent applicants who are personally impacted by the novel coronavirus. We previously discussed this on our blog. Since then, patent offices around the … Continue Reading

How the USPTO is Responding to the Coronavirus Outbreak

There is seemingly no aspect of our lives untouched by the coronavirus outbreak and the United States Patent and Trademark Office (USPTO) is no exception. While the examination of trademark and patent applications seems to be proceeding relatively normally (for example I have made and received phone calls from patent examiners this past week to … Continue Reading

The Supreme Court Speaks Unanimously: The USPTO Cannot Recover Legal Fees for Losing

On December 11, 2019, the Supreme Court unanimously decided that the term “expense” under §145 of the Patent Act does not include the salaries of the USPTO’s legal personnel, and put an end to the USPTO’s attempts to recover attorneys’ fees in court challenges to its decisions. The Peter v. NantKwest, Inc. dispute arose after … Continue Reading

Cannabis Patent Survives Summary Judgment Motion

In July of last year, United Cannabis Corporation (“UCANN”) filed the first cannabis patent infringement lawsuit in the United States, against Pure Hemp Collective Inc. (“Pure Hemp”). It alleges that Pure Hemp infringed U.S. Patent No. 9,730,911 (“the ‘911 Patent”), which is entitled “Cannabis Extracts and Methods of Preparing and Using Same.” Each asserted independent … Continue Reading

“Secret Sales” of an Invention Continue to Be a Potential Bar to Patent Rights, Even After the America Invents Act

On January 22, 2019, the United States Supreme Court decided an important question in patent law: After the America Invents Act (AIA), does the sale of an invention to a third party, who is contractually obligated to keep the invention confidential, make the invention “on sale” within the meaning of the patent statutes? The unanimous … Continue Reading

Alicia Bell and Carla Quisenberry Join ORLA’s Boiled Down Podcast to Discuss Cease and Desist Letters

Cease and desist letters can serve as a warning ahead of full scale litigation, however there are some possible resolutions before ending up in court. Alicia Bell and Carla Quisenberry joined the Oregon Restaurant and Lodging Association‘s Boiled Down podcast this week to discuss demand letters, how to avoid them, and your options if you … Continue Reading

Supreme Court Extends Reach of Patentee to Recover Lost Foreign Profits

The Supreme Court on Friday held that WesternGeco, LLC (“WesternGeco”), owner of patents for a system used to survey the ocean floor, can recover profits from sales it lost outside the U.S. due to Ion Geophysical Corp.’s (“ION”) infringement of its patents. Under section §271(f) of the Patent Act, a company can be liable for … Continue Reading

Patent Attorneys from Marger Johnson to Join Miller Nash Graham & Dunn

Our intellectual property team is pleased to announce that six attorneys from Marger Johnson, a well-respected 32-year-old patent law firm, will be joining our firm’s IP practice on July 1, 2018. We are looking forward to welcoming the following patent attorneys: Alex Johnson Sean O’Brien Julie Reed Kevin Ross Justin Wagner Marie Weiskopf Each attorney … Continue Reading

The Supreme Court Tells PTAB “All or Nothing”: SAS Institute v. Iancu

The Supreme Court recently issued an opinion that will increase the certainty for parties to a patent dispute of whether the validity of challenged claims will be decided in a post-grant review process or federal court. SAS Institute v. Iancu involved review of an inter partes review (IPR) proceeding, which is a post-grant review proceeding that is … Continue Reading

Alicia Bell Published in Modern Restaurant Management: Protecting Your Restaurant’s Intellectual Property Is More Important Than You Think

As the restaurant industry grows, and as customers pay more attention to local and artisan foods and celebrity chefs, there’s an increased interest in protecting recipes, signature dishes, and restaurant brands as intellectual property. In an article for Modern Restaurant Management, Alicia Bell discusses what restaurant owners can do to protect their intellectual property. To … Continue Reading

Supreme Court Squeezes Patents: TC Heartland v. Kraft Foods & Impression Products v. Lexmark

In a pair of important decisions over the last week, the Supreme Court again changed the patent protection landscape (and again overruled the Federal Circuit). In TC Heartland LLC v. Kraft Foods Group Brands, LLC, the Supreme Court took on the issue of venue for patent infringement litigation. Under previous interpretations of the Patent Act’s venue … Continue Reading

It’s Not Always Sunny in Philadelphia: CertainTeed v. BIPV

In CertainTeed v. BIPV, the United States District Court for the Eastern District of Pennsylvania has given us a good reminder that patents (or patent applications) and trade secrets don’t mix well, and also weighed in on the confounding question of whether allegedly confidential information that is not a trade secret can still be protected … Continue Reading

The Supremes Have Spoken: The Defense of Laches Does Not Apply to Patent Infringement Suits…

…but can only collect damages for six years prior to filing suit. In a stunning upset of years of jurisprudence (Federal Circuit Court of Appeals, prior patent act), the U.S. Supreme Court determined that laches (an equitable remedy) cannot be applied within the “statute of limitations” period of six years (a legal remedy for damages). … Continue Reading

The Supremes Unanimously Limit the Galactic Design-Patent-Infringement Damages Award in One of the Apple v. Samsung Design-Patent Wars

More than 120 years have passed since the United States Supreme Court last tackled the issue of damages in design-patent cases. This month, the Court put an end to that silence with its decision in Samsung Electronics Co. v. Apple Inc., handing Samsung a huge victory in its patent war with Apple over the designs … Continue Reading

Federal Circuit Serves a Slice of Victory to Apple and Domino’s Pizza

Last week, in Apple, Inc. v. Ameranth, Inc., the U.S. Court of Appeals for the Federal Circuit delivered a victory for Apple, Inc. and Domino’s Pizza, LLC in their patent war with Internet-based solutions provider Ameranth, Inc. over online ordering patents. The Federal Circuit affirmed in part and reversed in part four Patent Trial and … Continue Reading

Keeping Secrets – Don’t Overdo It

In a post-Alice world where patents will become harder to get, many organizations have a renewed interest in protecting innovative information as trade secrets, rather than publishing that information in a patent application. And of course, the first step in creating a trade secret is to keep the information secret in the first place. Thus, … Continue Reading

The Federal Circuit Reinstates an Apple Victory and Reestablishes the Limits of the Court’s Fact-Finding Function

Sitting en banc, the Federal Circuit recently issued its decision in Apple v. Samsung, a stunning rebuke of a panel of that same court, vacating the panel’s February 26, 2016 opinion, reinstating a $119.6 million jury award for Apple, and—perhaps most importantly—holding unequivocally that the court’s factual determinations must be confined to the record on appeal. … Continue Reading

Free Speech and Functionality

The Founding Fathers ensconced intellectual property rights into the fabric of the original Constitution. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and … Continue Reading
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