One January 8, 2018, the Court of Appeals of the Federal Circuit issued Wi-Fi One, LLC v. Broadcom Corp.,[1] in which the en banc panel held the PTAB decision to institute or not an inter partes review based on whether the petition was timely can be appealed through judicial review. Specifically, the issue was whether …
SCOTUS Watch: Musings on Oil States
As we await a decision from the U.S. Supreme Court on the constitutionality of IPRs before the PTAB at the USPTO, I reviewed two related points relevant to the underlying discussion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.[1] The first is the Oil States’ reliance upon McCormick Harvesting Machine Co. v. …
CannabIP: Trump Administration Rescinds Cole Memo
On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded the so-called Cole Memo limiting federal prosecution of marijuana offenses.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 …
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 …