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.

U.S. Senate Approve USMCA

U.S. SENATE APPROVES USMCA Yesterday the U.S. Senate passed the U.S.-Mexico-Canada Agreement (USMCA), the North America trade pact that will replace NAFTA. IPO has expressed disappointment with the[...]

“Phase 1” China Trade Deal Includes “Significant and Enforceable” Commitments on IP

“PHASE 1” CHINA TRADE DEAL INCLUDES “SIGNIFICANT AND ENFORCEABLE” COMMITMENTS ON IP Yesterday U.S. President DONALD J. TRUMP signed a “phase 1” trade deal with China. In his remarks, Trump emphasiz[...]

Federal Circuit Denies Request for Rehearing of USPTO Termination of IPR Post-SAS

*FEDERAL CIRCUIT DENIES REQUEST FOR REHEARING OF USPTO TERMINATION OF IPR POST-SAS BioDelivery Scis. Int’l v. Aquestive Therapeutics, Inc., 19-1643 -- On Monday in a per curiam order,[...]

Award of Attorney’s Fees Was Proper

*AWARD OF ATTORNEY’S FEES WAS PROPER Eko Brands, LLC v. Adrian Rivera Maynez Enters., 18-2215 -- Yesterday in a decision by Judge DYK, the Federal Circuit upheld a district court’s aw[...]

Merger Clause Did Not Extinguish Earlier Covenant Not to Sue

**MERGER CLAUSE DID NOT EXTINGUISH EARLIER COVENANT NOT TO SUE Molon Motor and Coil Corp. v. Nidec Motor Corp., 19-2071 -- On Friday in an opinion by Judge LOURIE, the Federal Circuit[...]

Court Correctly Applied Inherency in Obviousness Determination

*COURT CORRECTLY APPLIED INHERENCY IN OBVIOUVNESS DETERMINATION Hospira, Inc. v. Fresenius Kabi USA, LLC, 19-1329 -- Yesterday in an opinion by Judge LOURIE, the Federal Circuit uphel[...]

Supreme Court to Hear Appeal in Case Concerning Awards of Trademark Infringer’s Profits

IP IN THE MASS MEDIA Supreme Court to Hear Appeal in Case Concerning Award of Trademark Infringer’s Profits Today Bloomberg Law published an article discussing Romag Fasteners, Inc. v. Fossil, Inc[...]

Court Erred in Construing “Markush” Patent Claim Limitation

** COURT ERRED IN CONSTRUING “MARKUSH” PATENT CLAIM LIMITATION Amgen Inc. v. Amneal Pharm. LLC, 18-2414 -- Yesterday in an opinion by Judge LOURIE, the Federal Circuit vacated a distr[...]

Hershkowitz Named Acting Commissioner For Trademarks

HERSHKOWITZ NAMED ACTING COMMISSIONER FOR TRADEMARKS MERYL HERSHKOWITZ is serving as the USPTO’s Acting Commissioner for Trademarks following the retirement of MARY BONEY DENNISON on De[...]

CNIPA Publishes Draft Standards For Determining Trademark Infringement

CNIPA PUBLISHES DRAFT STANDARDS FOR DETERMINING TRADEMARK INFRINGEMENT In December the China National IP Administration (CNIPA) published a set of draft standards for determining trademark infringe[...]