Inventor files 19 requests for refund after win at PTAB

Alleging PTO error cost him “huge amount of fees” and “valuable time,” inventor concludes that “USPTO doesn’t have right to keep the fees paid due to the negligence, unethical practises and misconduct by USPTO employees.” Multiple petitions for refund filed for PTO error I feel ya’ buddy, I really do….

Another Amici weighs in in The Moodsters v Disney

CSEL Amicus Brief Moodsters v Disney Graphically depicted characters are not among the “works of authorship” listed in 17 USC 102(a), which, argues the Moodsters, has created the opportunity for the Circuit courts to develop their own tests to determine whether copyright protection ought to attach. The Moodsters® are five color coded characters which represent […]

Trademark Modernization Act Advances in the House

HR6196 The bill, introduced in March 2020, takes aim at fraudulent trademark filings in several ways: it codifies existing processes for third party submissions during trademark examination; it provides for expungement or reexamination procedures as alternatives to inter partes proceedings before TTAB; and it provides that a party seeking an injunction for a trademark violation […]

Historical facts cannot form the basis of a copyright claim – Jersey Boys litigation

Nor can an author, who once claimed a work was nonfiction, change course in litigation and claim that certain aspects were fiction. Corbello v Valli  

“Imaginary slice” does not provide a valid basis for infringement

Neville v Foundation Constructors Background Steve Neville et al. (“Neville”) are the assignees of US Patent Nos 7914236 and 9284708 directed to foundation piles.  The claimed foundation piles include an “end plate having a substantially flat surface disposed perpendicular to the centerline of the tubular pile,” or, “an end plate closing the second end of […]

Flip-flopping inventorship does not invalidate Egenera’s patent

Egenera v Cisco Background Egenera sued Cisco in the US District Court of Massachusetts alleging that Cisco’s servers infringe US patent number 7,231,430 (“the ‘430 patent”).  Prior to claim construction and alongside an IPR proceeding, Egenera petitioned the USPTO to remove an inventor from the ‘430 patent.  According to Egenera, this change was necessitated by […]

Directional claim limitations deprive Topps of sweet sweet victory

Topps-Co.-v.-Koko_s-Confectionery-Nov…d-10990-S.D.N.Y, August 27, 2020 Background The Topps Company (“Topps”) is the owner of US Patent No. US6660316, directed to a candy product having the commercialized embodiment “Juicy Drop Pop” (“JDP”): Claim 1 of the ‘316 patent recites, in pertinent part:  A packaged candy product, comprising: a housing including a front face and a back face, […]

Apple opposes “Prepear” trademark application for meal prep app

Apple v Prepear Notice of Opposition Apple has filed an opposition to the registration of a trademark application for an image of a pear, as used in connection with a meal preparation app.  Apple claims that the mark, shown side by side below with Apple’s mark, is likely to cause confusion and/or dilute Apple’s famous […]