Despite what movies and television shows might suggest, not every great idea is worthy of—or, more importantly, eligible for—a patent. The inventor of a new phonetic alphabet learned this lesson the hard way.
Patterson Thuente IP is pleased to present the Year End 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
On September 30, 2018, the US, Mexico and Canada agreed to replace the North American Free Trade Agreement (NAFTA) with a new comprehensive trade pact, called the US-Mexico-Canada Agreement (USMCA). Chapter 20 of the USMCA deals with intellectual property. The chapter includes provisions updating the almost 25-year old NAFTA as well as new requirements based on the provisions of the Trans-Pacific Partnership (TPP). President Trump repudiated the TPP when he took office in January 2017; to a large extent, therefore, the USMCA reinstates rules that the TPP adopted, but the US abandoned. The following are a few of the relevant provisions of the USMCA.
Patterson Thuente IP is pleased to welcome patent attorney, Galen Rahmlow, to our team. Focusing on patent prosecution in the chemical, mechanical, and material arts, Galen will enhance the firm’s ability to serve clients in a variety of industries, including chemical and medical technology. His experience centers around the following technologies: chemical, medical devices, aerospace equipment, gas turbine engines, coatings, ceramics, complex optical components, and films for LCD display systems.
Patterson Thuente IP is pleased to once again announce that four of our lawyers have been named to the 2019 Edition of The Best Lawyers in America. Congratulations to the following attorneys:
The U.S. Court of Appeals for the Federal Circuit, the court that hears all appeals of patent cases, continues to invalidate patents directed to abstract ideas. It applies the test established in 2014 by the U.S. Supreme Court. In a recent case, it ruled that a patent covering voting methods and systems providing for “auto-verification” of ballots was invalid as attempting to patent an abstract idea.
The US Court of Appeals for the 8th Circuit published its opinion today, finding that a federally registered trademark for the mark Sturgis, owned by Sturgis Motorcycle Rally, Inc. (SMRI), is invalid. This is a major victory for Rushmore Photo & Gifts, the Niemann family of Rapid City, SD, and Wal-mart Stores, Inc., the defendants in this seven-year dispute over the Sturgis mark, The Court found that SMRI’s unregistered, common law trademarks “Sturgis Motorcycle Rally” and “Sturgis Rally & Races” are also invalid.
Court splits over trade dress, trademark claims In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. Its recent ruling sheds light on what does — and doesn’t — demonstrate irreparable harm.
Streaming media has opened up a vast landscape of previously unavailable content for many. It’s also triggered an array of novel copyright infringement questions. In a case involving the streaming of content originating abroad into the United States, the D.C. Circuit Court of Appeals has tackled two previously unsettled questions about the scope of infringement liability under the Copyright Act.
Inter partes review survives constitutional challenge Patent trolls are a significant nuisance to a range of industries. But the U.S. Supreme Court recently upheld a procedure that makes it easier for patent trolls’ potential victims to avoid prolonged litigation or costly settlements.
Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company.