Category Archive for "Patterson Thuente News"

COVID-19 Patent Office Status and Updates

Patterson Thuente is closely monitoring the COVID-19 situation. The health and safety of our community are our top priority. The Patterson Thuente team has policies and systems in place that will enable us to continue to serve our clients. We are updating this page regularly to keep you informed with respect to ways in which patent offices around the world are responding to the situation and any assistance they are offering to their customers.

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Timing matters in inter partes review

Inter partes review (IPR) offers parties an expedited opportunity to challenge the validity of a patent outside of court. But, as one challenger recently learned the hard way, it’s critical that arguments against patentability be raised at the proper time.

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No harm, no foul

Fair use defense wins trademark infringement case Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge victorious, because a court found its opponent’s use of its mark was fair.

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Back to the future

Federal Circuit rejects narrow approach to relation back doctrine The U.S. Court of Appeals for the Federal Circuit, the appellate court that hears all patent-related appeals, recently revived an infringement lawsuit based on the relation back doctrine. The court found the trial court’s application of the doctrine, which resulted in the case being dismissed because of the statute of limitations, “overly restrictive.”

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Food for thought: Court rules banana costume is copyrightable

In 2017, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., established a two-part test for analyzing which elements of a piece of clothing are design elements protectable by copyright and which are nonprotectable functional elements. The U.S. Court of Appeals for the Third Circuit has now applied the Supreme Court’s decision for the first time in its jurisdiction.

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Ideas on Intellectual Property Law – April/May 2020

Patterson Thuente IP is pleased to present the April/May 2020 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Third Circuit rejects copyright presumption in favor of permanent injunctions

After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions. The U.S. Court of Appeals for the Third Circuit has now made it harder for copyright holders to get injunctive relief, even after prevailing in court.

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Actual consumer confusion irrelevant in trademark profits determination

It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” The U.S. Court of Appeals for the Second Circuit has provided some helpful guidance on this issue, as well as the evidence required to justify an award of the infringer’s profits.

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Beyond words: Federal Circuit faults PTAB’s written description analysis

The Patent Trial and Appeal Board (PTAB) doesn’t always get it right. This was demonstrated once again in a case where the U.S. Court of Appeals for the Federal Circuit found that the board had improperly failed to consider some vital factors when evaluating whether a patent application contained the requisite written description of the invention. A question of plasticity Global IP Holdings LLC owns a patent on carpeted automotive vehicle load floors that have sandwich-type composite panels with cellular cores. The patent describes the load floors as including thermoplastic materials. Global filed a reissue application seeking to broaden the patent’s coverage. In particular, it replaced the term “thermoplastic” with “plastic.” The U.S. Patent and Trademark Office’s rules for reissue applications require an inventor to provide an oath or declaration specifically identifying the error relied on as the basis for reissue. The load floor’s inventor filed a declaration explaining that, at the time of the
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COVID-19 – Precautionary Plan

As the situation in the US and across the world is changing rapidly, Patterson Thuente IP is taking precautionary steps to ensure the health and safety of our employees by allowing all attorneys and staff to work from home effective Monday, March 16. We have put measures into place to ensure that we are able to deliver uninterrupted, high-quality service to our clients. You will still be able to contact our attorneys and staff as usual and our main office phone line will be monitored regularly. We will continue to monitor the situation and provide updates on our staffing as needed. We send our best to everyone who is currently impacted by COVID-19.
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