On January 22, 2019, the United States Supreme Court handed down a highly anticipated ruling that has caused measurable discrepancies amongst the patent community after the America Invents Act (AIA) was enacted. That ruling, Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.,[1] held that the on-sale bar applies to confidential sales more than one year …
Fed Circuit Watch: No Error in Reconsideration of Non-Instituted Ground of Unpatentability
Two cases decided recently by the Court of Appeals for the Federal Circuit discuss the oft-problematic area of 35 U.S.C. §103, or the nonobviousness requirement. AC Technologies S.A. v. Amazon.com, Inc.,[1] decided on January 9, 2019, is the first case. AC Technologies S.A. owns U.S. Patent No. 7,904,680 (‘680), directed to data access management, in …
Fed Circuit Watch: Method of Wagering a Dice Game Bites Alice Dust
The Court of Appeals for the Federal Circuit, on the last day of the court’s calendar year, December 28, 2018, ruled on In re Marco Guldenaar Holding B.V.,[1] in what is the last 2018 case discussing patent-eligibility under 35 U.S.C. §101. The ruling is not very groundbreaking, although it does emphasize that gaming methods are …
CannabIP: U.S. Patent No. D825,137 S1
U.S. Patent No. D825,137 S (‘137) issued on August 14, 2018, for “Garment with Cannabis Leaves.” It was issued to inventor/applicant Brian K. Reaux of Red Oak, Texas. This patent is a design patent under 35 U.S.C. §171, which protects the ornamental features of an article of manufacture. The features cover the design on the …
TechPat: U.S. Patent No. D826,814 S
U.S. Patent No. D826,814 S1 (‘814) issued on August 28, 2018, for “Instrument Panel.” It was issued to inventors Franz Von Holzhausen of Malibu, California, Ivan Lumpkin of Redondo Beach, California, Pascal Grappey of Rancho Palos Verdes, California, and Peter Blades-Nixon of Long Beach, California. The applicant/assignee is Tesla, Inc., a electric car and renewable …
PlantIP: U.S. Patent No. PP29,976 P2
U.S. Patent No. PP29,976 P3 (‘976) issued on December 11, 2018, for “Phlox Plant Named ‘Verpri’.” It was issued to inventor/applicant Janus Verschoor of Haarlem, Netherlands. The assignee is A. Verschoor Horticulture Import-Export B.V., of Haarlem, Netherlands, a perennial wholesale company. This patent is a plant patent under 35 U.S.C. §161, which protects new and …
PlantIP: U.S. Patent No. PP29,723 P3
U.S. Patent No. PP29,723 P3 (‘723) issued on October 2, 2018, for “X Mangave Plant Named ‘Catch a Wave’.” It was issued to inventor/applicant Hans A. Hansen of Zeeland, Michigan. The assignee is Walters Gardens Inc. of Zeeland, Michigan, a perennial wholesale company. This is a plant patent under 35 U.S.C. §161, which protects new …
CannabIP: Developments in Cannabis Legalization and Effect on IP
As the new year opens, there have been some developments in legalization of cannabis use, both medicinally and recreationally. First, on the international front, South Korea legalized cannabis for medical use in late 2018. The South Korean National Assembly passed legislation to amend the Drug Narcotics Act to allow for the sale, import, and export …
No Digital First Sale Doctrine, per Second Circuit
Technology has always been a few light years ahead of the law, and when the law catches up, tech usually has moved on to the next big thing. So, because of the glacial pace in which case law does expand, which is an inverse relationship with tech, it sometimes creates problems on the technical aspects …
CannabIP: State of Federally-Registered Cannabis Marks
As we leave 2018 behind us, there were a number of high-profile states and countries which entered the adult-use cannabis marketplace. More cannabis companies, formerly illegal, find themselves now legal in the streams of commerce. However, cannabis product-specific applications for trademarks and service marks remain elusive as the USPTO has maintained a fairly strict examination …