General

RESTORE Patent Rights Act of 2024 – An Attempt To Bring Back Permanent Injunctions. Permanently.

»»Over the summer, Congressman Nathaniel Moran (R-TX-01), a member of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, and Congresswoman Madeleine Dean (D-PA-04) introduced the bicameral Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024. This bipartisan bill aims to restore patentees’ abilities to protect their […]

Trademark Q3 2024 updates, data at a glance

»»Trends in First Action Pendency at the USPTO As many may be familiar with, in recent years trademark pendency times at the USPTO have rapidly increased, with the average first action pendency time in Q1-Q4 of 2023 reaching over 8 months. The USPTO attributes this increase in pendency times primarily to the fact that it […]

USPTO Terminating After Final Consideration Pilot (AFCP) Program 2.0

»»The USPTO will publish a notice in the Federal Register on October 1, 2024, stating that it will no longer accept AFCP 2.0 requests after December 14, 2024. The current AFCP program (AFCP 2.0) was adopted in May of 2013.  The AFCP program is an attempt to reduce the number of requests for continued examination […]

The AIA Grace Period: Not Your Parent’s Grace Period

»»The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently issued a decision interpreting one of the exception provisions in AIA U.S.C. § 102(b), namely subsection (b)(2)(B). Sanho Corp. v. Kaijet Tech. Int’l, 108 F.4th 1376 (Fed. Cir. 2024).  The patentee in Sanho Corp. sought to disqualify a U.S. Patent Application Publication to […]

New Proposal Requirements for Terminal Disclaimers Filed to Overcome Non-Statutory Double Patenting

»»The filing and recordation of an unnecessary terminal disclaimer has been characterized as an “unhappy circumstance” (MPEP 1490, citing In re Jentoft, 392 F.2d 633, 639 n.6 (CCPA 1968)). In an apparently “not significant” regulatory action, the USPTO is proposing a noteworthy change to terminal disclaimer requirements. 89 Fed. Reg. 40439-49 (May 10, 2024). The change […]

Maier & Maier Secures Victory At the International Trade Commission

»»April 22, 2024  – Maier & Maier PLLC is pleased to report that our clients Hikam America, Inc., Hikam Electrónica de México, S.A. de C.V., Hikam Tecnologia de Sinaloa, Hewtech Philippines Corp., Hewtech Philippines Electronics Corp., and Hewtech (Shenzhen) Electronics Co., Ltd. have been terminated from ITC Investigation No. 337-TA-1365. The Firm represented six of […]

Maier & Maier Obtains Grant of Summary Judgment of Invalidity Based on §101 Related to Wearable Technology

»»April 5, 2024 – Maier & Maier PLLC is pleased to report that we secured a victory for our client Firstbeat Technologies OY in a case involving a heart rate measuring apparatus incorporated into wearable technology. The case was originally filed by Polar Electro OY in the District of Delaware on November 7, 2011, but […]

Timothy Maier Recognized as one of Washington D.C.’s Top Lawyers 2024

»»Tim Maier was recently recognized based on peer review by Washington D.C.’s Top Lawyers Washington DC 2024 Edition.

Perspectives on USPTO Rulemaking

»»A Perspective on USPTO Rulemaking Following In re Chestek, by Maier & Maier partner Robert Bahr, has been published on IP Watchdog. The article discusses the notice-and-comment rulemaking procedures practiced by the USPTO and the impact of the recent Federal Circuit decision in In re Chestek. You can read the full article here.

Maier & Maier Recognized for New Addition by Managing IP

»»Managing IP has published an article highlighting the addition of key former government officials to three top tier firms, including Finnegan, Maier & Maier, and O’Melveny. To read the article, click here.