On January 10, 2020, the U.S. Supreme Court will discuss at its first conference meeting whether or not to take up one to four cases dealing with patent eligibility under 35 U.S.C. §101. Patent eligibility has been a contentious source of patent application rejections or invalidations during post-grant litigation. Medical diagnostics and software have been …
U.S. Patent No. D859,923 S1: New Year’s Edition
U.S. Patent No. D859,923 S1 (‘923) issued on September 17, 2019, for “Insulated Glass.” It was issued to inventor Dan G. Danner of Bixby, Oklahoma. The applicant/assignee is Sun Danner Lodge & Pub Glassware of Bixby, Oklahoma. This patent is a design patent under 35 U.S.C. §171, which protects the ornamental features of an article …
U.S. Patent No. D858,154 S: Christmas Edition
U.S. Patent No. D858,154 S (‘154) issued on September 3, 2019, for “Stocking Holder.” It was issued to inventor/applicant Brad Michael Bourgoyne of Baton Rouge, Louisiana. The assignee is Fig & Dove, Inc. of Baton Rouge, Louisiana. This patent is a design patent under 35 U.S.C. §171, which protects the ornamental features of an article …
Christmas Trademarks & Service Marks
There are several new season-appropriate trademarks and service marks registered this year on the Principal Register by the USPTO. WHITE CHRISTMAS®, on September 10, 2019, in International Class 41, for charitable services, namely, providing toys to needy children. It is a standard character mark. The registrant is Labor of Love Mission of North Tazewell, Virginia. …
SCOTUS Watch: High Court Strikes Down USPTO Attorney’s Fees
On December 11, 2019, the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit’s en banc ruling in Peter v. NantKwest, Inc.,[1] holding that the USPTO was not entitled to attorney’s fees under the 35 U.S.C. §145. Our discussion of the Fed Circuit’s en banc opinion, affirmed by the Supreme Court, was …
U.S. Patent No. PP30,860 P3
U.S. Patent No. PP30,860 P3 (‘860) issued on September 3, 2019, for “Hybrid Tea Rose Plant Named ‘MEITHATIE’.” It was issued to inventor Alain A. Meilland of Antibes, France. The applicant/assignee is The Conard-Pyle Company of West Grove, Pennsylvania. The Conard-Pyle Co. is the famous 164-year old horticulture company that focuses on roses, perennials, and …
U.S. Patent No. 10,336,597 B2
U.S. Patent No. 10,336,597 B2 (‘597) issued on July 2, 2019, for “Capsule-Based Alcoholic Beverage Apparatus and Components Thereof.” It was issued to inventors Ross Franklin of Rancho Cucamonga, California, Ed Rosenthal of Oakland, California, and Rachel Franklin of Rancho Cucamonga, California. The applicant is ERS Holdings, LLC of Piedmont, California, and the assignee is …
U.S. Patent No. 10,363,772 B2 – Thanksgiving Edition
U.S. Patent No. 10,363,772 B2 (‘772), issued on July 30, 2019, for “Turkey Fan Favorite.” The inventor is Charles D. Brown of Rydal, Georgia. The ‘772 specification describes an invention which allows for displaying device of a recently-harvested turkey for photograph by the hunting party without the need to hold the turkey in place while …
Trademarks Post-Tam & Brunetti
Two recent U.S. Supreme Court decisions in Matal v. Tam,[1] decided in 2017, and Iancu v. Brunetti,[2] decided this past May, both dealt with registration of trademarks under 15 U.S.C. §1052(a) (§2(a)) that ran afoul of the First Amendment’s freedom of speech clause. 2(a) reads: No trademark by which the goods of the applicant may …
TechPat: U.S. Patent No. 10,241,896 B2
The DreamForce 2019 conference will be held in San Francisco from November 19-22, 2019. To commemorate DreamForce, the blog will highlight a recently-issued Salesforce, Inc. patent. U.S. Patent No. 10,241,896 B2 (‘896), issued on March 26, 2019, for “Formation and Manipulation of Test Data in a Database System.” The inventor is Jameison Bear Martin of …