Recovering Legal Fees in Trademark Litigation Just Got a Little Easier

Law suits are expensive.  Even when the issues seem like they should be straight forward, cost is both a powerful deterrent before the complaint is filed and a significant strategy consideration during the course of a law suit.  In a recently decided case, the 3rd Circuit has made recovering attorneys fees in trademark litigation a […]

USPTO Issues New (Software) Patent Examination Guidelines

After the US Supreme Court’s decision in Alice Corp., the USPTO changed its approach to examining patents (in particular, software patents).  The new approach provides insight to how the USPTO construes the Alice Corp decision. The USPTO’s new approach is memorialized in a memo issued by the Deputy Commissioner for Patent Examination Policy.  You can […]

Supreme Court Rules on Software Patentability

In a hotly watched case involving the patent-eligibility of software, the U.S. Supreme Court today issued an unanimous (that’s right, unanimous) opinion striking down a software patent on the basis that it was merely an abstract idea and that implementation using conventional computer functions on a generic computer is not sufficient to transform the idea […]

“When you assume, you make an …” :
Echoes From Oscar Wilde In Luster Products, Inc. v. John M. Van Zandt d/b/a Vanza USA, Opposition No. 91202788 (TTAB 11/28/2012)

A recent decision by the United States Patent and Trademark Office, Trademark Trial and Appeal Board (“TTAB”), in an opposition proceeding captioned Luster Products, Inc. v. John M. Van Zandt, reminds us of the age old Oscar Wilde adage warning us of dangers in making assumptions.  In a precedential decision, the TTAB shot down the […]

Viva La Business Method Patent (sort of)?

While I know I don’t usually write about patent issues, this one is too big to pass up. Today, the United States Supreme Court issued a long awaited patent decision on which the viability of business method patents hung in the balance. While there was technically no dissenting opinion, the decision was far from unanimous. […]