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The Federal Circuit’s Design Patent Basket Case

USA - September 17 2019 In Curver Luxembourg SARL v. Home Expressions Inc., the Federal Circuit held - for the first time - that a design patent’s claim language may limit…

Steve R. Borgman.

Federal Circuit Holds that Assignor Estoppel is not Available in Inter Partes Review (IPR) Proceedings

USA - November 12 2018 In Arista Networks, Inc. v. Cisco Systems, Inc., Nos. 2017-1525 and 2017-1577 (November 9, 2018), the Federal Circuit held that assignor estoppel is…

Devika Kornbacher.

Federal Circuit Vacates PTAB’s Affirmance of Examiner’s Obviousness Rejection For Failure to Consider Arguments in Applicant’s Reply Brief

USA - June 4 2018 During the patent appeal process conducted by the Patent Trial and Appeal Board (PTAB), the PTAB must consider the applicant’s response to newly…

W. Scott Brown.

The Times They Are a-Changin’: Marks Cannot Be Refused Registration as Scandalous or Immoral

USA - March 8 2018 On December 15, 2017, the Federal Circuit held that the Lanham Act’s prohibition of immoral or scandalous matter under 15 U.S.C. §1052(a) (“Section…

Steve R. Borgman, W. Scott Brown.

Client Communications with Patent Agent are Privileged, Per the Texas Supreme Court

USA - March 2 2018 In re: Andrew Silver: the Texas Supreme Court recently held that communications between an inventor and his non-attorney patent agent are privileged…

Michael Simons.