General

USPTO Extends COVID-19 CARES Act Response Deadlines

»»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 […]

Western District of Texas Stakes Claim to Top Patent Litigation Forum

»»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 […]

USPTO Announces COVID-19 CARES Act Response And Deadline Extensions

»»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 […]

PTAB Designates a Flurry of Opinions As Precedential In Wake of Boalick Appointment

»»Since his official appointment to his post as Chief Judge of the PTAB, Boalick has wasted no time in making his mark. Beginning the very day his permanent appointment became official last month, the PTAB has issued a number of precedential opinions. Most notably, the new Precedential Opinion Panel or POP (created in September’s updates […]

2019 Design Day: Caselaw Highlights

»»Last week was the United States Patent and Trademark Office’s annual Design Day where they hosted speakers on the last year in design patent practice. The following cases from the Federal Circuit, the Patent Trial and Appeal Board, and District Courts were highlighted throughout the day for their impact on design patent practice. For more […]

Fast Food Empires Put Their Weight Behind Trademarks

»»Fast food companies have been actively asserting their trademarks, recently highlighted by noteworthy activity by both McDonald’s and In-N-Out. McDonald’s aggressive defense of its trademarks hit a snag recently as the EUIPO canceled their trademark for “Big Mac” for failing to provide sufficient evidence of use. In their argument, McDonald’s relied mainly on affidavits from […]

PTAB Petitions Spike As BRI Era Closes

»»On October 10, 2018, the USPTO announced it would adopt the Phillips claim construction standard as of November 13, 2018. That means that as of yesterday, any petitions filed are no longer reviewed under the Broadest Reasonable Interpretation (BRI) standard that the PTAB had applied since its creation under the AIA. Instead, they will be […]

USPTO ADOPTS PHILLIPS CLAIM CONSTRUCTION

»»Starting November 13, 2018, all IPR, PGR, and CBM proceedings will conduct their claim construction using the Phillips standard put forth by the Federal Circuit in 2005, turning away from the Broadest Reasonable Interpretation (BRI) standard it currently uses. This brings the PTAB in line with the Federal Courts and the ITC in examination standards. […]

Maier & Maier Partner Stephen G. Kunin Named ‘Best Lawyer’ for 2019

»»Best Lawyer Magazine has named it’s 2019 Best Lawyers in Washington, D.C., including Maier & Maier’s Stephen G. Kunin among its Intellectual Property Law recognitions. Mr. Kunin’s illustrious career includes more than three decades at the United States Patent Office, spending one of those decades as the Deputy Commissioner for Patent Examination Policy, and 13 […]

Stephen G. Kunin Selected For 2019 Best Lawyers Award!

»»Maier & Maier is pleased to announce that one of our partners, Stephen G. Kunin has been selected by his peers for inclusion in the 2019 25th Edition of The Best Lawyers in America. This recognition in the field of Patent Law has been released publicly and is now available on www.bestlawyers.com. We congratulate him […]