Written by Mark Terry The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) issued another decision evidencing how enormously difficult it is to invalidate a trademark registration on the basis of fraud on the USPTO. In…
Written by Mark Terry Today the Court of the Appeals for the Federal Circuit issued a decision that plainly answers the question of who is a person of ordinary skill in the art – Extreme Networks v. Enterasys Networks (Fed. Cir.…
Written by Mark Terry Another recent decision by the Board of Patent Appeals and Interferences (BPAI) overturned a rejection by a patent examiner who attempted a 35 U.S.C. §112 rejection of a biotechnology invention that discloses a method for killing…
Written by Mark Terry Once again the Board of Patent Appeals and Interferences (BPAI) reversed a rejection by an overzealous patent examiner who failed to adequately connect the proverbial dots between prior patents in an attempt to disqualify a patent…
Written by Mark Terry In it’s first decision of the day this sleepy Monday morning, the Board of Patent Appeals and Interferences (BPAI) rejected a novel “market forces” argument in favor of a Patent Examiner’s 35 U.S.C. 103 obviousness rejection.…
Written by Mark Terry In the last decision of this past Thursday, the Board of Patent Appeals and Interferences (BPAI) reiterated the rule that attorney argument is not enough to meet certain burdens in course of patent prosecution. As a Board Certified patent…
Written by Mark Terry Ric Flair, the greatest professional wrestler of all time, said “If you want to be the best, you have to beat the best.” Without knowing it, Ric Flair expressed exactly what it takes to win at…
Written by Mark Terry The Patent Transparency and Improvements Act (Bill, S. 1720), seeks to improve transparency and to remedy problems associated with patent trolls and others that file frivolous lawsuits using their patents. Trolls are turning out to be…
Written by Mark Terry Can you get attorneys fees in a Trademark Infringement suit under the Lanham Act? In short, the answer is yes, but only in exceptional cases. This is an issue that often comes up in lawsuits of…
Written by Mark Terry Today’s first Board of Patent Appeals and Interferences (BPAI) decision involved an eloquent exposition of the relationship between claim construction and ordinary dictionary meaning. The case of Ex parte Benson involved a 35 U.S.C. 102 rejection of a…
