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CannabIP: U.S. Patent No. 9,987,567 B1

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U.S. Patent No. 9,987,567 B1, June 5, 2018, to Ryan Delmoral Ko (inventor), and NextLeaf Solutions Ltd. (applicant/assignee) U.S. Patent No. 9,987,567 B1 issued on June 5, 2018, to inventor Ryan...

Fed Circuit Watch: Dangers of Pro Se Representation – Failure to Understand Procedural Rules

On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc., dealing with the more mundane aspects of...

CannabIP: U.S. Patent No. 9,981,203 B2

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U.S. Patent No. 9,981,203 B2 issued on May 29, 2018, entitled “Rapid drying extraction targeting oil resin plant extracts.” It was issued to applicant and inventor Ahmed Shuja of San Francisco,...

Fed Circuit Watch: Enabling Scope of Design Patent Claims Expands – Greatly

In a potentially ground-breaking decision in design patent prosecution, the Court of Appeals for the Federal Circuit handed down In re Maatita, on August 20, 2018. The facts are as follows. Ron...

Fed Circuit Watch: USPTO’s §315(b) “Real Party in Interest” Definition Too Narrow

Inter partes reviews (IPRs) (37 C.F.R. §42.100 et seq.) may be instituted by the USPTO, at its discretion, but there are some defined statutory requirements. On August 17, 2018, the Court of Appeals...

Fed Circuit Watch: Indexing Database Lacks Patent-Eligible Subject Matter Under §101

On August 15, 2018, the Court of Appeals for the Federal Circuit issued BSG Tech LLC v. Buyseasons, Inc., which represents one additional case in the §101 jurisprudence. This particular case bears...

Monsanto Hit with $289M Glyphosate Jury Verdict

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On August 10, 2018, a California state jury for the first time found Monsanto’s blockbuster herbicide, ROUNDUP®, was the cause of cancer, finding the weed killer caused a plaintiff’s terminal...

IP Practicum: USPTO Proposes Patent Fee Increases for FY2019

On July 25, 2018, the USPTO submitted for publication a Federal Official Gazette notice of public hearing 2018-16432 pursuant to the Patent Public Advisory Committee (PPAC). The notice specifies...

Fed Circuit Watch: American Rule Does Not Require Applicants to Pay USPTO Attorneys’ Fees

“Each litigant pays his own attorney’s fees, win or lose.” As such, the Court of Appeals for the Federal Circuit upheld the American Rule by holding that 35 U.S.C. §145 does not require losing...

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