New Approved AVAs
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The Tax & Trade Bureau of the U.S. Department of the Treasury has approved four new American Viticultural Areas (AVAs) this year: Contra Costa, Comptche, Yucaipa Valley, and Upper Cumberland. The...
Category: "patent"
The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS
On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi, which touches on a formal requirement for patentability, the enablement requirement. In a...
U.S. Patent No. PP35,001 P3 Blueberry Plant Named ‘C15-270’
U.S. Patent No. PP35,001 P3 (‘001) issued on February 28, 2023 for “Blueberry Plant Named ‘C15-270’.” It was issued to inventors Jessica Scalzo & James W. Olmestead and applicants/assignees Costa...
Fed Circuit Holds Claims Directed to Milk Not Patent-Eligible Under §101
On February 13, 2023, in ChromaDex, Inc. v. Elysium Health, Inc., the Court of Appeals for the Federal Circuit issued its first opinion of the year dealing with patent eligibility under 35 U.S.C....
UPC Set to Commence June 1, 2023
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At long last, the Unitary Patent (UP) and the Unitary Patent Court (UPC) are set to begin on June 1, 2023. This has been a long-awaited process, which has seen the roll-out delayed not once, not...
Tax Update for Wine, Spirits & Beer Industry
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The Craft Beverage Modernization Act (CBMA) was originally enacted in 2017 as part of the Tax Reform Act, and was meant to provide some tax relief for domestic wineries, breweries, distillers, and...
DOCX Filing Requirement to Begin for Patent Applications
Today is the date in which new patent applications under 35 U.S.C. §111(a) (i.e., any U.S. nonprovisional application) must be filed using the .DOCX format, which is the file extension format used...
Fed Circuit is Irritated by Renegade Judge Albright
In In re Apple Inc., the Court of Appeals for the Federal Circuit granted Apple’s petition for writ of mandamus ordering the judge presiding over its district court patent infringement case, Alan D....
Registered Trade Dress Protectible Even if Many Features of Product Design Are Functional
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The Court of Appeals for the Federal Circuit ruled on November 9, 2022, in SoClean, Inc. v. Sunset Healthcare Solutions, Inc., in a decision involving trade dress, a sub-category of trademark law....
Comments Due on §101 Patent Eligibility Guidance
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Back in July 2022, the new Director of the USPTO, Kathi Vidal, announced that the USPTO would be seeking comments on its anticipated guidance on §101 patent-eligibility. The deadline for those...
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