Federal Circuit kicks another one back for lack of supporting analysis

This one to PTAB, for not explaining the analysis supporting their conclusion that a reference was nonanalogous art. Donner v ProStage Procedural Background ProStage Gear (“ProStage”) owns US Patent No. 6,459,023 (“the ‘023 patent”), directed to improved pedal effects boards.  In particular, the claimed boards are said to allow easy positioning and movement of individual […]

A case supportive of the position that a change in the size of a claimed article does not impart patentability

Cannot be extended to support the proposition that changing the size of a component is a matter of obvious design choice.  Ex parte Drozdenko The claims in Drozdenko relate to a fan blade and an engine for gas turbines.  More specifically, the claims are directed to a adhesive and fabric stack used between a sheath […]

Glossier Successfully Registers Color Pink as a Trademark

As applied to zipper closed bags made from bubble wrap. Glossier Registration Certificate The Examining Attorney refused the application on the basis that the that the bubble wrap served the function of protecting the enclosed items during shipping.  The Examining attorney provided evidence of empty bubble wrap envelopes available for purchase.  The application was further […]

Lisa Jorgenson has been appointed Deputy Director General, Patents and Technology, of WIPO

https://www.wipo.int/pressroom/en/articles/2020/article_0028.html?utm_source=WIPO+Newsletters&utm_campaign=80d8b5bcdf-EMAIL_CAMPAIGN_2020_12_03_11_21&utm_medium=email&utm_term=0_bcb3de19b4-80d8b5bcdf-252960165 Formerly Executive Director of AIPLA and Group Vice President, IP and Licensing of STMicroelectronics, Ms. Jorgenson will serve a 6-year term beginning January 1, 2021.  Notably, three of the four Deputy Directors General are women and Ms. Jorgenson is the only US appointee of the eight sector leads appointed by Director General Daren Tang. […]

Prince’s Estate Succeeds in Registering the Color Purple as a Trademark

In connection with both entertainment services and audio and video recordings.  See, Prince Purple Building Registration FEB2020 and Prince Purple CD Registration MAR2020. Paisley Park Enterprises now joins the ranks of Christian Louboutin (red on the soles of shoes, where the rest of the shoe is not red), Owens-Corning Fiberglas (pink insulation), Wolf Appliances (red […]

TTAB Knocks Out Mayweather and Shows No Love to Texas

In its denial of two registration applications for slogans on the basis that neither functioned as a mark.  In re Mayweather Promotions and In re Texas with Love In Mayweather Promotions, Applicant had sought to register the slogan “PAST PRESENT FUTURE” for t-shirts.  Mayweather promotions argued that the relevant consumers were sports fans who had […]

Federal Circuit Rejects District Court’s Attempt at Judicial Efficiency

RealTime Data v Reducio Systems, Appeal No. 2019-2198, 2019-2201, 2019-2202, 2019-2204, decided October 23, 2020 Background Realtime Data (“Realtime”) is the owner of US  Patent Nos. 7,415,530, 8,717,203, 9,054,728, 9,116,908 and 9,667,751 (“the asserted patents”) with 159 issued claims between them directed to digital data compression.  Realtime filed claims of infringement against Fortinet, Reduxio Systems, […]

Squeak ’em While You Got ‘Em – Jack Daniels Petitions for Cert in Bad Spaniels Case

Jack Daniels Cert Petition And several amici have already added their voices to the din.  Most appear to have their hackles raised over the Ninth circuit’s reversal of the district court’s holding that the Bad Spaniels toy conveyed a humorous message, and as such, was an expressive work.  Uniform agreement can be transient in a […]

3rd Circuit Issues Precedential Opinion Invalidating Trade Dress Protection of a Cookie

Kaisha v Lotte Background Ezaki Glico (“EG”) is a Japanese confectionery company that developed and began selling thin, stick shaped cookies under the trade name “Pocky” in the United States in 1978.  Each cookie has some amount of the length thereof coated with chocolate, flavored cream, and/or nuts.  A portion of the length is left […]

USPTO Changes After Final Practice by MPEP Amendment

With the June 2020 revision, the patent office has changed MPEP § 706.07 to seemingly more easily allow first action final rejections, post RCE or continuation filing.  As acknowledged in the change summary (https://www.uspto.gov/web/offices/pac/mpep/mpep-0005-change-summary.html), the requirement that claims be directed to the “same invention” has been replaced with language requiring that the claims be “either […]