What Should Trademark Owners Know About The Trademark Modernization Act?

In recent years, the U.S. Patent and Trademark Office (“USPTO”) has seen a substantial increase in the number of trademark applications and registration maintenance filings with fraudulent or inaccurate claims of use in commerce. Although subject to third-party cancellation challenges, inaccurate registrations clutter the trademark register and make it difficult for businesses to adopt and/or register new marks.

Signed into law on December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) aims to improve […]

By | July 18th, 2022 ||

A Bad Day For This Patent Applicant: Travel Itinerary Applications Ineligible Under Section 101

In the case of In re Bongiorno, No. 2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May 19, 2021), patent applicant James Bongiorno appealed the Patent Trial and Appeal Board’s (PTAB) finding that two of his patent applications were directed to patent-ineligible subject matter under Section 101. Each application related to “planning and executing a vacation or travel itinerary, and more particularly to software and a portable electronic unit, which may be dedicated to such planning […]

By | July 9th, 2022 ||

Telepharma Disconnect: Federal Circuit Reverses PTAB On Obviousness

On May 28, the Federal Circuit reversed a PTAB inter partes review (“IPR”) decision that held Baxter Corporation Englewood’s (“Baxter’s”) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art references: Alexander, Liff, and Morrison. The appeal involved telepharmacy technology for providing drug information to a pharmacist for approval while other non-pharmacists prepare the order. At issue on appeal were two limitations of the 8,554,579 (“579 patent”), referred to as the “verification limitation” […]

By | June 26th, 2022 ||