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New USPTO Final Rule Establishes Separate Design Patent Bar

»»On November 16, 2023, the USPTO published a new final rule establishing the creation of a separate design patent bar. The final rule follows up on a notice of proposed rulemaking first published in May 2023 where the separate design patent bar was first contemplated. Currently there is only one patent bar which oversees everyone […]

USPTO Launches New Semiconductor Fast-Track Pilot Program

»»In order to support the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022 the USPTO announced on December 1, 2023, a new Semiconductor Technology Pilot Program for expediting the examination of patent applications for innovations that “increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain.” The CHIPS Act […]

Federal Circuit Revisits IPR Estoppel in Ironburg Inventions LTD. v. Valve Corp.

»»Ironburg Inventions LTD. v. Valve Corp., 21-2295 (Fed. Cir. 2023) This case presented the Court of Appeals for the Federal Circuit with an opportunity to clarify the standards for determining estoppel of invalidity grounds in inter partes review (IPR) pursuant to 35 U.S.C. § 315(e)(2). Ironburg initially sued Valve in 2015 for infringement of their […]

To Qualify as a Joint Inventor – HIP, Inc. v. Hormel Foods Corp., 22-1696 (Fed. Cir. 2022)

»»Earlier this year, in an opinion by Judge Lourie the Court of Appeals for the Federal Circuit overturned a district court decision finding that David Howard, a representative of HIP, should be added as a joint inventor on Hormel’s U.S. Patent 9,980,498 (the ‘498 patent). The relevant independent claims, 1 and 5, describe methods of […]

Design Day 2023: Highlights and Caselaw

»»On May 4th, 2023, the United States Patent and Trademark Office (USPTO) hosted its annual Design Day event. As part of the event, speakers outlined design patent practice as well as discussed key developments in design patent law from 2022. Karen Young, Director of Technology Center 2900 at the USPTO provided an update on the […]

Maier & Maier Defends Electric Mirror, Inc. In A Case Filed by Aperture Net LLC In the Western District of Washington

»»Maier & Maier continues to enjoy consistent and favorable results in its litigation matters. On November 1, 2022, Aperture Net LLC filed a lawsuit accusing Electric Mirror, Inc. of infringing U.S. Patent No. 6,711,204, which purportedly covers connections between base stations and WiFi access points. The suit was filed in the Western District of Washington […]

USPTO Transitions to Electronic Patent Grants

»»The USPTO recently announced through the publishing of a new Federal Register final rule (88 Fed. Reg. 12560) that effective Tuesday, April 18, 2023 all newly issued patents will be issued electronically. Electronically issued patents will bear the digital signature of the USPTO director, and the corresponding patent cover sheet will be nearly identical to […]

Overcoming Sect. 101 Rejections: USPTO Guidance, Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements

»»Maier & Maier is pleased to announce that distinguished partner, Stephen Kunin, presented a Strafford webinar, “Overcoming Sect. 101 Rejections: USPTO Guidance, Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements” on Tuesday, August 16.  The webinar is available for purchase on the Strafford website: Here. The USPTO has dramatically increased rejections under 35 USC 101 […]

U.S. District Judge Alan Albright Provides Informative Update at the 2021 IPO Annual Meeting

»»Judge Alan Albright assumed the bench in September of 2018 and has quickly made the Western District of Texas a premier venue for patent litigation. 24% of all patent cases filed so far in 2021 were filed in the WDTX, up from just 3% of patent cases filed in 2018. This significant increase in filings […]

Maier & Maier Drives Favorable Result at the Trademark Trial and Appeal Board (TTAB)

»»The Maier & Maier litigation team successfully defended its client’s right to pursue trademark registration for its prominent jewelry brand, SAUER.  In April 2021, Opposer Nextten Stauer filed an opposition proceeding challenging two of Amsterdam Sauer Joalheiros Ltda.’s (“Amsterdam Sauer”) trademark applications for the marks SAUER and SAUER ESTD 1941. The opposition proceeding challenged the […]