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.

Failure to Timely File Under 37 C.F.R. § 90.2(a)(3)(ii) Did Not Affect Federal Circuit’s Jurisdiction

*FAILURE TO TIMELY FILE UNDER 37 C.F.R. § 90.2(A)(3)(II) DID NOT AFFECT FEDERAL CIRCUIT’S JURISDICTION AMP Plus, Inc. v. DMF, Inc, 23-1997 -- Yesterday in an opinion by Judge REYNA, t[...]

Sua Sponte Show Cause Order Was Within ITC’s Discretion

*SUA SPONTE SHOW CAUSE ORDER WAS WITHIN ITC’S DISCRETION Realtek Semiconductor Corp. v. Int’l Trade Comm., 23-1095 -- Yesterday in an opinion by Judge REYNA, the Federal Circuit uphel[...]

IPO Submits Comments on AI Action Plan

IPO SUBMITS COMMENTS ON AI ACTION PLAN As previously reported, on January 23, President Trump signed an Executive Order directing the development of an “Artificial Intelligence Action Plan” within [...]

District Court Was Not Bound by Previous Claim Construction in Applying Becton

**DISTRICT COURT WAS NOT BOUND BY PREVIOUS CLAIM CONSTRUCTION IN APPLYING BECTON Regeneron Pharms, Inc. v. Mylan Pharms Inc., 24-2351 -- On Friday in an opinion by Judge LOURIE, the F[...]

Reissued Patents Entitled to PTE Based on Original Patent’s Issue Date

**REISSUED PATENTS ENTITLED TO PTE BASED ON ORIGINAL PATENT’S ISSUE DATE Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-2254 -- Yesterday in an opinion by Judge DYK, t[...]

Marks Must Be Considered Generic at Time of Registration to be Denied Protection

**MARKS MUST BE CONSIDERED GENERIC AT TIME OF REGISTRATION TO BE DENIED PROTECTION Bullshine Distillery LLC v. Sazerac Brands, LLC, 23-1682, 23-1900 -- Yesterday in an opinion by Chie[...]

Trump Nominates John Squires to Be Next USPTO Director

TRUMP NOMINATES JOHN SQUIRES TO BE NEXT USPTO DIRECTOR On Monday President TRUMP nominated attorney JOHN SQUIRES to be the next Undersecretary of Commerce for Intellectual Property and Director of [...]

AliveCor Forfeited Discovery Argument on Appeal

*ALIVECOR FORFEITED DISCOVERY ARGUMENT ON APPEAL Alivecor, Inc. v. Apple, Inc., 23-1512, 23-1513, 23-1514 -- On March 7 in an opinion by Judge STARK, the Federal Circuit affirmed an i[...]

District Court Claim Construction Improperly Imported Limitations into Claims

*DISTRICT COURT CLAIM CONSTRUCTION IMPROPERLY IMPORTED LIMITATIONS INTO CLAIMS  IQRIS Techs. LLC v. Point Blank Enters., Inc., 23-2062 -- On Friday in an opinion by Judge STOLL, the F[...]

Fireside Chat with WIPO Assistant Director Addresses Global Innovation and IP

FIRESIDE CHAT WITH WIPO ASSISTANT DIRECTOR ADDRESSES GLOBAL INNOVATION AND IP Yesterday the IPOwners Spring Summit™ program opened with a fireside chat on global innovation with MARCO ALEMÁN, Assis[...]