Author: Jeannette Maurer CarmadellaPublished: August 16th, 2021In an ironic turn of events, the United States Patent and Trademark Office has applied to register the USPTO trademark and logo design, citing the rapid increase in sophisticated trademark scams by third parties seeking to pass themselves off as the USPTO. According to
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Author: Dylan HaversackPublished: June 23, 2021This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While
Read MoreAuthor: Patrick MoonPublished: July 29, 2021Earlier this month, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing guidance regarding the proper presentation of prophetic examples and working examples in a patent application. According to the guidance, the proper presentation of prophetic and working examples
Read MoreAuthor: Dylan HaversackPublished: August 9, 2021Last month, in Qualcomm Inc. v. Intel Corp., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on six inter partes review (“IPR”) decisions that held claims 1-15, 17-25, and 27-33 of Qualcomm’s U.S. Patent
Read MoreAuthor: Richard E. WatermanPublished: August 17, 2021In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an extraordinary situation, when justice requires,” but does not clarify
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Author: Susan J. LutzkerPublished: August 3rd, 2021Sam Durant’s drone sculpture above New York’s High Line and the stunning photographs of Trevor Paglen are stark representations of the pervasive presence of government surveillance in our lives. While courts are grappling with the legal boundaries of such surveillance, artists are joining the debate.Click
Read MoreAuthor: Susan J. LutzkerPublished: July 15th, 2021Our IP system may be ill-equipped to address emerging issues as tech companies work to create digital versions of individuals, and the ethical issues are profound. Kazuo Ishiguro’s newest work of fiction is startlingly on point.Click here to view entire blog article at Lutzker &
Read MoreAuthor: Jeannette Maurer CarmadellaPublished: July 9th, 2021Holding that the current appointment process for administrative patent judges is unconstitutional, the Supreme Court in United States v. Arthrex fashioned a creative remedy by leaving the process intact but giving the director of the USPTO the power and discretion to review and overturn
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Author: Carolyn Wimbly MartinPublished: July 8th, 2021In the world of cryptocurrency, NFTs have been infiltrating mainstream markets and making headlines. NFTs present a variety of copyright issues because they are associated with images, videos, music, and other digital content. While NFTs do not address some arguments of fair use, they
Read MoreAuthor: Carolyn Wimbly MartinPublished: June 30th, 2021As fashion becomes more intertwined with the digital world, artificial intelligence has emerged as a useful tool in the creation of garments, prediction of consumer trends and detection of counterfeit products. The introduction of AI to the fashion industry allows for incredible advancements, but
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