IPO Daily NewsTM

A quick read, the IPO Daily NewsTM is three to five concise paragraphs a day. It includes summaries of all patent and trademark opinions of the U.S. Court of Appeals for the Federal Circuit, the next day after opinions are issued and wire service stories of other selected IP cases.

IPO Education Foundation Announces 2023 Awards Celebration Honorees

IPO EDUCATION FOUNDATION ANNOUNCES 2023 AWARDS CELEBRATION HONOREES IPO Education Foundation (IPOEF) has announced four honorees who will be recognized at the 2023 IPO Education Foundation Awards C[...]

USPTO Announces Design Patent 1 Million, Creation of New Deputy Patent Commissioner for Designs Role

USPTO ANNOUNCES DESIGN PATENT 1 MILLION, CREATION OF NEW DEPUTY PATENT COMMISSIONER FOR DESIGNS ROLE Yesterday the USPTO announced that it issued U.S. design patent 1 million to AGUSTINA HUCKABY of[...]

IPO Submits Comments on Future Strategies in Anticounterfeiting and Piracy

IPO SUBMITS COMMENTS ON FUTURE STRATEGIES IN ANTICOUNTERFEITING AND PIRACY Yesterday IPO President KAREN COCHRAN (Shell USA, Inc.) submitted comments to the USPTO on Future Strategies in Anticounte[...]

IPO Education Foundation Launches New Invention Program

IPO EDUCATION FOUNDATION LAUNCHES NEW INVENTION PROGRAM “Why Didn’t I Think of That?” is a new IPOEF program in partnership with Invention Convention, a K-12 STEM and invention education initiative[...]

USPTO Obviousness Decision Was Supported by Substantial Evidence

*USPTO OBVIOUSNESS DECISION WAS SUPPORTED BY SUBSTANTIAL EVIDENCE Elekta Ltd. v. ZAP Surgical Systems, Inc., 21-1985 -- Yesterday in an opinion by Judge REYNA, the Federal Circuit uph[...]

Antibody Claims Invalid for Lack of Enablement

**ANTIBODY CLAIMS INVALID FOR LACK OF ENABLEMENT Baxalta Inc. v. Genentech, Inc., 22-1461 -- Yesterday in an opinion by Chief Judge MOORE, the Federal Circuit upheld a district court [...]

USPTO Delays Implementation of TMA Provisions Concerning New Response Periods

USPTO DELAYS IMPLEMENTATION OF TMA PROVISIONS CONCERNING NEW RESPONSE PERIODS Last week the USPTO announced that it will delay the implementation of provisions of the Trademark Modernization Act of[...]

Prior-Art Design Must be Applied to Same Article of Manufacture to Qualify as Comparison Prior Art in Infringement Analysis

***PRIOR-ART DESIGN MUST BE APPLIED TO SAME ARTICLE OF MANUFACTURE TO QUALIFY AS COMPARISON PRIOR ART IN INFRINGEMENT ANALYSIS Columbia Sportswear North America, Inc. v. Seirus Innova[...]

Field of Endeavor Finding in IPR Vacated

*FIELD OF ENDEAVOR FINDING IN IPR VACATED Netflix, Inc. v. DivX, LLC, 22-1138 -- On September 11 in an opinion by Judge STOLL, the Federal Circuit vacated a USPTO inter partes review [...]

IPR Decisions Vacated on Basis of APA Violation and Erroneous Claim Construction

*IPR DECISIONS VACATED ON BASIS OF APA VIOLATION AND ERRONEOUS CLAIM CONSTRUCTION Apple Inc. v. Corephotonics, Ltd., 22-1350 – On September 11 in an opinion by Judge STOLL, the Federa[...]