Last summer, Juul Labs, Inc. launched an extensive campaign trying to eliminate nearly 50 competitors in the vape industry by alleging design patent infringement at the International Trade Commission and in numerous parallel district court litigations. Among those targets was Vaperistas, LLC, an online company that offers a wide variety of vape products including e-juices, pods, and other related accessory vape items.

Juul sought injunctive relief and punitive trebled damages in the Northern District of Illinois litigation, which was stayed while the ITC Case proceeded. At the International Trade Commission, Juul asserted four design patents (U.S. Design Patent Nos. D842,536; D858,870; D858,869; and D858,868) against Vaperistas’ products.

After Vaperistas’ involvement in the ITC proceeding was terminated in late 2020, NDIL Judge John Robert Blakey followed suit in district court earlier this year. Vaperistas joins Maier & Maier’s constantly growing list of happy clients that have been able to settle cases thanks to Maier & Maier’s team of experienced patent litigators. Using Partner level litigators at reasonable billing rates has allowed the Firm’s clients to obtain favorable results in a cost effective manner.

Led by Founding Partner Timothy J. Maier, the Maier & Maier litigation team successfully defended Vaperistas in both the ITC and Northern District of Illinois parallel proceedings. Meanwhile, Juul tapped Quinn Emanuel, a big law competitor of Maier & Maier. With the favorable settlement against the high investment opposition, Maier & Maier helped Vaperistas defend the infringement allegations at a cost that was proportional to their exposure.

With the case complete, Maier & Maier continues its well-established track-record of litigation success in District Court, before the PTAB, and before the ITC. If you or your company need similar assistance, please contact Maier & Maier’s litigation team here.

U.S. News & World Report and Best Lawyers magazine has named it’s 2021 Best Law Firms, and named Maier & Maier among the best in the field.

Maier & Maier was named for its excellence in patent law in Washington, D.C. The firm prides itself on providing the highest possible service to each of its clients with a reknowned expertise for patents and intellectual property as a whole. The recognition comes after years of continued growth and success since its founding in 2006 by brothers, Tim and Chris Maier. The two have practiced for decades both at the USPTO as examiners and in private practice, giving them each unmatched expertise in the field.

The firm firm’s success comes in all facets of patent practice, with noted achievements in prosecution, litigation, and portfolio management. The firm successfully earns over a thousand granted patents for its varied and valued clients each year and prides itself on its corporate friendly and streamlined reporting systems. In the past year, the firm has been heavily involved in PTAB matters, both for petitioners and patent owners.  The firm successfully defended multiple patents from IPR petitions and challenged competitor patents for their clients.

This recognition for the firm comes after both Tim & Chris were recognized by IAM Patent 1000 as some of the most successful IP attorneys in the world, along with fellow Maier & Maier partner, Steven Kunin.

The 2020 IAM Patent 1000 rankings were announced this week, and Maier & Maier was heavily featured among the highest-level experts in the patent field. Both founding partners Timothy and Christopher Maier were honored, along with renowned partner Stephen Kunin.

Per the IAM description honoring the firm, “Christopher Maier and Timothy Maier run a self-titled boutique in Alexandria that is steadily building on its reputation for quality in electrical engineering prosecution, post-grant proceedings and business-complementary counselling. Among their colleagues, Stephen Kunin is often called on to provide expert testimony on patent practice matters, in light of his experience and USPTO insight.”

This recognition comes with the firm’s continued success in both prosecution and litigation, along with any related IP needs its clients may have. The firm successfully earns over a thousand granted patents for its varied and valued clients each year and prides itself on its corporate friendly and streamlined reporting systems. In the past year, the firm has been heavily involved in PTAB matters, both for petitioners and patent owners. The firm successfully defended multiple patents from IPR petitions and challenged competitor patents for their clients.

Timothy Maier and Christopher Maier were all recognized for their success in the national patent law hub of the DC Metro Area, while Stephen Kunin was also listed among the Nationally recognized experts in the field.

On March 16, the United States Patent & Trademark Office (“USPTO”) announced that  ‘extraordinary’ circumstances for relief at the USPTO would officially include the effects of COVID-19 “coronavirus”. On March 27, the USPTO announced its further relief response with deadline extensions as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) executed March 27. The announcement identified certain deadlines that would have come between March 27 and April 30, and provided for a 30 day extension.

On April 28, USPTO Director Andrei Iancu officially announced the extension of those deadlines  and the expansion of the affected deadlines. Under the new announcement, certain deadlines occurring from March 27-May 31 are extended to June 1 with a statement of personal effect, rather than the original 30 days. The statement must describe how the deadlines and payments were delayed as a result of a personal effect of COVID-19 on practitioners, applicants, patent owners, petitioners, third party requesters, inventors, or other individual involved including as examples, office closures, cash flow interruptions, inaccessibility of files/materials, personal or family illness, etc. This extension applies to most responses, filings, and requests as listed in the notice with some reserved only for small and micro-entities. The specific affected deadlines and requirements are laid out in the official patent and trademark CARES notices.

The USPTO has adjusted its operations to ensure that fees and documents will continue to be processed through EFS-Web, USPS, and the Customer Service Window. Per the announcement, USPTO interviews and hearings will be conducted virtually until further notice.

Any questions or concerns regarding your applications or other USPTO matters can be brought to us at info@maierandmaier.com.

The close of the first quarter of 2020 means new patent filings totals from across the U.S., with the PTAB and the District of Delaware leading the way at 333 and 174 filings respectively. However, it was the Western District of Texas (WDTX) that made the biggest leap, continuing its surge since Judge Alan Albright was appointed to the bench in late 2018.

The first quarter of 2020 saw 163 patent filings in the WDTX, projecting to over 600 for the year. This comes after totaling only 257 for the entirety of 2019, which was up from 86 in all of 2018, and only 1 in all of 2017. If the trend continues, not only will WDTX eclipse its own total early in Q2, but the year end numbers are likely to continue to balloon and surpass the District of Delaware’s patent filings.

The rise of the WDTX to join the EDTX as a top venue for patent cases emphasizes the importance of a strong Texas presence for patent litigation firms. Maier & Maier’s Texas office, opened just last year in anticipation of the rise, affords the firm the proximity and expert resources necessary to handle the increased filings in the area.

This bump in filings is the result of Albright’s appointment and the subsequent changes he has made to the local rules for patent cases in the WDTX. These changes include a new filing schedule and streamlined Markmen hearings to attract patent filings. Combined with these appealing local rules, Albright’s tendency against transfers and the WDTX’s uncongested docket make the district highly appealing for patent filings, especially for Non-Practicing Entities.

Overall, both district court patent filings and PTAB filings remained steady in comparison to Q1 of 2019. Balancing out the surge in the WDTX, the District of Delaware is on pace to drop for the first time in over five years (only 696 in 2020 compared to 989 in 2019). Despite the drop, the District of Delaware remains a top venue for filings and there is little chance that ends in the near future.

The United States Patent & Trademark Office (“USPTO”) has announced its relief response and deadlines extensions relating to the current COVID-19 “coronavirus” as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) executed March 27.

In the release, USPTO Director Andrei Iancu explained the steps being taken by the USPTO:

“Inventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of COVID-19. As a result, we are working to provide as much relief as possible to our stakeholders, consistent with our ability to maintain the USPTO’s fee-funded operations. We are especially mindful of the outsized impact on small businesses and independent inventors, and we have provided additional relief for these groups. Ultimately, our goal is to ensure not only that inventors and entrepreneurs can weather the storm, but that they can also hit the ground running once it passes.”

The patent and trademark CARES adjustments include extensions of 30 days for certain deadlines between March 27 and April 30 with a statement of personal impact. The statement must describe how the deadlines and payments were delayed as a result of a personal affect of COVID-19  on practitioners, applicants, patent owners, petitioners, third party requesters, inventors, or other individual involved including as examples, office closures, cash flow interruptions, inaccessibility of files/materials, personal or family illness, etc. This extension applies to most responses, filings, and requests as listed in the notice with some reserved only for small and micro-entities.

These relief measures expand on the USPTO’s previous relief announcement on March 16 providing that the coronavirus outbreak was an “extraordinary situation”  within the meaning of 37 CPR 1.183 and 37 CPR 2.146 and that the fee associated with petitions to revive under 37 CPR l .17(m) will be waived.

The USPTO has adjusted its operations to ensure that fees and documents will continue to be processed through EFS-Web, USPS, and the Customer Service Window. Per the announcement, USPTO interviews and hearings will be conducted virtually until further notice.

Patent related concerns can be brought to the USPTO at their designated email address for the issue, Covid19PatentsRelief@uspto.gov.