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  • By: John C. Laurence, Esq.
  • Published: March 19, 2021

In an effort to help combat an increase in fraudulent trademark filings and registrations, the Trademark Modernization Act of 2020 (TMA) was signed into law on December 27, 202. The TMA addresses improper use claims and fake or doctored specimen submissions for trademarks by providing new mechanisms for challenging trademark applications and registrations on non-use grounds. The TMA also addresses…Read More

  • By: John C. Laurence, Esq.
  • Published: January 14, 2021

Teaching away and motivation to combine are defenses that may be used to help overcome an obviousness-type rejection of claims in a patent or patent application. In General Electric Company v. Raytheon Technologies Corporation, General Electric (GE) appealed a decision by the Patent and Appeal Board (Board) that a patent for a two-stage turbine engine owned by Raytheon Technologies (Raytheon)…Read More

  • By: John C. Laurence, Esq.
  • Published: November 10, 2020

The Canadian Federal Court has rejected the problem-solution approach as adopted by the Canadian Intellectual Property Office (CIPO) for assessing patentable subject matter in favor of the purposive constructive approach as set out in the Whirlpool and Free World Trust cases. In Choueifaty v. Canada, representative independent claim 1 reads as follows: “A computer-implemented method for providing an anti-benchmark portfolio,…Read More

  • By: John C. Laurence, Esq.
  • Published: October 2, 2019

A federal court in New Orleans has allowed a trade secret claim to proceed to trial, even though the alleged trade secrets were disclosed in a patent application. Cajun Servs. Unlimited, LLC v. Benton Energy Serv. Co., No. 17-0491 (R. Doc. 241). The lawsuit concerns Cajun’s patented elevator roller insert system (ERIS), which is a technology used in drilling for…Read More

  • By: John C. Laurence, Esq.
  • Published: July 25, 2019

In Automotive Body Parts Ass’n v. Ford Global Techs. (Fed. Cir. 2019), Ford accused the Automotive Body Parts Association (ABPA) of infringing Ford’s design patents that cover individual parts of Ford’s F-150 truck. The ABPA argued that the patented designs are functional. ABPA further argued the application of doctrines of exhaustion and repair to these patented designs. The design patent…Read More

  • By: John C. Laurence, Esq.
  • Published: June 8, 2019

The Court of Appeals vacated the decision of the Patent Trial and Appeal Board in In Re Global IP Holdings (Fed. Cir. 2019), instructing the Board to include predictability and criticality as factors to consider in determining whether Global IP’s written description satisfies the proper legal standard. Global IP filed a reissue application in U.S. Patent No. 8,690,233 to replace…Read More

  • By: John C. Laurence, Esq.
  • Published: May 16, 2019

Amazon is testing a new program to handle infringement complaints brought by patent owners against third-party retailers. The program is called the “Utility Patent Neutral Evaluation.” The patent owner must provide a $4,000 deposit with a patent infringement complaint. The third-party retailer must provide another $4,000 deposit if they wish to respond to the complaint. Once the third-party retailer has…Read More

  • By: John C. Laurence, Esq.
  • Published: May 2, 2019

In the case of In re Morinville, the Court of Appeals for the Federal Circuit (“Court”) affirmed on appeal the decision of the Patent Trial and Appeal Board (“PTAB”) to reject all the claims of U.S. Patent Application No. 11/003,557 (“Application”). As shown below, independent claim 1 of the Application recites a method of reorganizing a business hierarchy into a…Read More