On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded the so-called Cole Memo limiting federal prosecution of marijuana offenses. The Cole Memo was enacted in 2013 under former President Barack Obama’s administration, and was guidance to U.S. Attorneys on Justice Department enforcement of federal marijuana laws. It specifically outlines those activities which should …
Author: Yonaxis
Patent Venue Post-TC Heartland Begins to Take Shape
Back in May 2017, the U.S. Supreme Court ruled in T.C. Heartland, LLC v. Kraft Foods Group Brands LLC,[1] that patent venue selection was limited to the defendant’s state of incorporation or principal place of business, as defined by the patent venue statute, 35 U.S.C. §1400(b). The practical effect sharply curtailed the Eastern District of …
IP Practicum: WIPO Retires ROMARIN for International Trademark Registrations; Madrid Monitor to Replace
On December 19, 2017, the World Intellectual Property Organization (WIPO) published a news release formally retiring the ROMARIN trademark search database, and replacing it with the new Madrid Monitor system, starting January 1, 2018. This will apply to all international trademark applications filed under the Madrid System for the Registration of Marks, also known just …
Fed Circuit Watch: Regeneron Denied Redemption in Misconduct Case
On December 26, 2017, the Court of Appeals for the Federal Circuit denied a request for rehearing en banc for reconsideration made by Regeneron Pharmaceuticals, Inc., in a precedential decision. This petition was filed following the original decision affirming specific intent litigation misconduct held in the original appellate case. Judges Prost, Lourie, Dyk, Moore, O’Malley, …
CannabIP: California Releases Cannabis-Related Trademark Guidelines
On January 1, 2018, the largest market in the U.S. is set to begin licensing and commercializing adult-use marijuana. California’s adult-use marijuana start date is highly anticipated by many in the cannabis industry. The Secretary of State has recently launched Cannabizfile, an online business portal to cannabis regulation, business licensing, corporate registration, and trademark/service mark …
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Fed Circuit Watch: Lanham Act Section 2(a) Scandalousness Clause Deemed Unconstitutional
On December 15, 2017, the United States Court of Appeals for the Federal Circuit handed down its decision in In re Brunetti.[1] In Brunetti, the Federal Circuit panel, consisting of Judges Moore, Stoll, and Dyk, held that although the FUCT trademark contained immoral or scandalous matter, it remained federally registrable as a trademark because of …
SCOTUS Watch: Oral Arguments in Oil States
On November 27, 2017, the U.S. Supreme Court heard oral arguments in the Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.[1] This case is discussed in a previous blog posting, but as a recap, the two parties in the litigation are both oil & gas companies, in which Oil States owned a patent …
SCOTUS Watch: Oil States Oral Hearing Preview
On November 27, 2017, the U.S. Supreme Court will hear oral arguments in the appeal from the Court of Appeals for the Federal Circuit, Oil States Energy Services v. Greene’s Energy Group.[1] Certiorari was granted earlier this year. The sole question presented is whether the inter partes reviews – adversarial proceedings held before the United States …
PTAB Releases Revision to Operating Procedures for Cases Remanded from Federal Circuit
On November 16, 2017, the Patent Trial and Appeal Board (PTAB) revised its Standard Operating Procedures 9 (SOP9) involving cases remanded for further review from the Federal Circuit. These standard operating procedures are administrative rules governing cases as they wind their way through the appeal or trial processes before the Board, and are designed to …