bite (noun): More meaty news to clench your teeth.
bark (noun): Ambient noise that needs attention.
In other barks of the week: The US Supreme Court has heard two oral arguments related to trademark law. The USPTO has again postponed the scheduled non-DOCX filing surcharge. Her CEO of Moderna faces the Senate HELP Committee. The Indian Patent Office has rejected a patent extension for a tuberculosis drug by Johnson & Johnson. And one of the Isley brothers filed a trademark lawsuit against his brother.
Part-Time Job
USPTO Announces Deferment of Non-DOCX Filing Fees Again
The United States Patent and Trademark Office (USPTO) announced Friday that the filing fee effective date for patent applications not filed in DOCX format has been postponed until June 30, 2023. According to an undisclosed final rule, “[t]The effective date change provides the public with an opportunity to more fully understand the nature of the DOCX format and prepare to comply with it before the new fees go into effect. The rule also stated that notices and comments were “impracticable and contrary to the public interest,” and that “it is in the public interest to implement the fee effective date delay immediately.” I’m here. § Preparing for the nature and compliance of the DOCX format before the new charges [1.]16(u) is valid. “
CAFC rejects MIT’s Mandoms petition to end Ford’s IPR.
On Thursday, March 23, the United States Court of Appeals for the Federal Circuit (CAFC) denied the Mandams warrant application in MIT’s patent case against Ford. The lawsuit began in 2020 when he sued Ford for infringing two of his patents by three of his researchers at MIT.After that, Ford between the parties In reexamination (IPR), the Patent Trial and Appeal Board (PTAB) initially refused to initiate, but after the district court’s decision, the PTAB agreed to reexamination. The MIT researcher then filed a petition with his CAFC, challenging Ford’s timeliness and asking the CAFC to direct his PTAB to terminate the proceedings. However, the CAFC ruled that the petition “failed to demonstrate an entitlement to the Mandams warrant’s special relief.”
Roku Denies Petition to Transfer Patent Dispute to California Court
On Thursday, March 23, the CAFC filed Roku’s motion asking the court to direct the Texas District Court to vacate its decision denying Roku’s offer to take its patent dispute with IOENGINE to California District Court. I declined. IOENGINE accuses Roku of infringing on two of his patents related to portable devices. The Texas District Court ruled that there were no private or public interest factors in favor of moving the case to California. said the refusal to transfer was not a clear abuse of discretion.
Petitioner challenges Hirschfeld’s authority Earth Rex SCOTUS
In a petition filed with the U.S. Supreme Court on Wednesday, March 22 by Fall Line Patents, Drew Hirshfeld, then-Director of Patents at the U.S. Patent and Trademark Office (USPTO), said that a delegation of internal agencies would seek federal vacancies. violated the Reform Act. “
The petition stems from a 2017 decision by the Patent Trial Board (PTAB) that invalidated Fall Line’s patent. Fall Line ultimately appealed that ruling to the Supreme Court, and although the petition was granted, it was remanded to the USPTO for review by the Director. The title of “to do” was not sufficient to provide the review given by “an officer of the PTO appointed by the president and approved by the Senate,” it said.
SCOTUS Hears Oral Argument in Poop-Themed Dog Toy Trademark Lawsuit
On Wednesday, March 22nd, the US Supreme Court held a hearing. Jack Daniel’s vs. VIP Merchandise, a case affecting First Amendment and trademark law. During oral argument, the Supreme Court judge expressed skepticism that the product in question, his VIP toy dog mimicking a Jack Daniel’s bottle, is being used for non-commercial purposes. . The judge also appears to have suggested to both parties that there may be an easier way to resolve this particular case than either party has suggested so far. Please see this article.
USPTO Cuts Small Business Patent Fees
On Wednesday, March 22, the United States Patent and Trademark Office published final rules in the Federal Register to reduce patent fees for small businesses. The new rules are part of the U.S. Innovator Emancipation Act of 2022 (UAIA), which became law in late 2022. Eligible small and medium businesses will receive an increased fee discount from 50% to 60%, and small businesses will receive an increased discount from 75% to 75%. % to 80%. Discounts apply to patent applications and fees associated with filing, searching, prosecuting, issuing, appealing, and maintaining patents.
Moderna CEO defends COVID vaccine price hike while grilling before Senate committee
On Wednesday, March 22, Moderna CEO Stephan Bancel defended his company’s planned COVID vaccine price hike before the Senate Committee on Health, Education, Work and Pensions. Moderna faced widespread criticism after Bancel said the company could quadruple the price of its COVID vaccine. U.S. senators and other critics point to the public funding Moderna has received and the company’s record profits as reasons why drug companies should keep vaccine costs low. “they [Moderna] We are thanking American taxpayers by proposing to quadruple the price of the COVID vaccine to $130 when government stockpiles run out – when it costs just $2.85 to manufacture.” I-VT) said in his opening statement.
SCOTUS Judges Asked to Consider Extraterritorial Application of Lanham Act
On Tuesday, March 21, the US Supreme Court heard oral arguments. Abitron Austria GmbH v. Hetronic International, Inc., a case asking the court whether the CAFC erred in its extraterritorial application of the Lanham Act to Abriton’s overseas sales. Overall, the judges seemed interested in considering the need for newer, narrower tests that are better suited to the modern world of e-commerce. For full coverage of the hearings and reactions from IPWatchdog readers, click here.
Burks
TTAB Launches Final Pretrial Conference Pilot
As announced on Friday, March 24, the USPTO’s Trademark Trial and Appeal Board (TTAB) has launched a pilot program to employ pre-final conferences in select trial cases. He said the pilot will begin on April 1, 2023 and aims to “save the time and resources of the parties and their TTABs” and “facilitate the effective and efficient presentation of evidence.” It is “This process will help the TTAB manage and streamline procedures as part of an innovative effort to streamline the USPTO’s process,” he said in a USPTO press release. For more information, please visit the TTAB Final Pretrial Conference Pilot web page.
Indian Patent Office rejects patent extension for J&J’s tuberculosis drug
On Thursday, March 23, the Indian Patent Office issued a decision denying Johnson & Johnson’s patent extension for the tuberculosis drug bedaquiline. Johnson & Johnson’s patent expires in July. In 2019, two tuberculosis survivors launched a successful patent challenge to allow manufacturers to produce generic versions of the drug. One of the petitioners, Nandita Venkatesan, a tuberculosis survivor, told Doctors Without Borders:
Amcor and Nfinite Announce Joint Research Agreement
On Wednesday, March 22, responsible packaging company Amcor and advanced materials company Nfinite announced a joint research agreement to validate Nfinite’s nano-coating technology to enhance both recyclable and compostable packaging. The companies will combine Nfinite’s coating technology with Amcor’s recyclable and compostable packaging.
ITC sides with Roomba, bans import of SharkNinja robot vacuum
On Tuesday, March 21st, the US International Trade Commission (ITC) issued a notice banning the importation of certain SharkNinja robot vacuums. The ITC came to this decision after it found that SharkNinja infringed two of his patents from iRobot, the manufacturer of Roomba vacuum cleaners. The patent dispute began in his 2019 when iRobot filed a complaint with the ITC in parallel with the lawsuit. The ITC’s decision issued a limited exclusion order.
Rudolph Isley Sues Brothers and Fellow Members of Isley Brothers in Trademark Dispute
On Monday, March 20, Rudolf Isley filed a lawsuit against his brother Ronald, accusing him of improperly filing the “Isley Brothers” trademark as the sole owner. In the lawsuit, Rudolph’s attorneys argue that the brothers’ pair should have equal ownership of the trademark, and as part of the lawsuit, he will claim that his brother’s profits so far have been earned from the trademark. We are looking for 50% of
wall street this week
Federal Reserve raises interest rates to 5%
On Wednesday March 22nd, the Federal Reserve Board announced a rate hike from 4.75% to 5%. After the high-profile failures of several banks, including the Silicon Valley Bank, some expected a rate hike to be delayed, but the Federal Reserve moved forward in hopes of keeping inflation in check. Inflation fell to 6% in February after hitting a high of about 9.1% last July.
Amazon rolls out palm reading method on Panera Bread
On Wednesday, March 22nd, Amazon announced in a press release that Panera Bread is working with the tech giant to roll out a palm payment option in several St. Louis locations. This is the first deployment of Amazon One, Amazon’s palm reading technology, to a national chain restaurant. The companies say the technology will allow customers to pay by scanning their palms. Panera Bread CEO Niren Chaudhary said:
Quarterly results – The following companies, identified among the IPO’s top 300 patentees for 2022, will announce quarterly earnings next week (2022 ranking in parentheses):
- Monday: none
- Tuesday: micron technology (17)
- Wednesday: none
- Thursday: none
- Friday: none
