Attenuated IP & The Call To Curtail Patent Rights During The Global Pandemic

As the global death toll from the coronavirus reached nearly three million, countries around the world raced to vaccinate their populations. The severity of the coronavirus crisis has led some to argue that products for the prevention and treatment of Covid-19 should be global public goods: unrestricted by intellectual property rights and free for all to use.

Citing the need for a more equitable distribution of vaccine doses, several countries have called on the World […]

By | March 28th, 2022 ||

Are These Two “Bull” Designs Confusingly Similar For Auto Parts?

Here’s another Section 2(d) opposition involving dueling design marks, this time for overlapping and related auto parts and services. Applicant K2 refers to its mark (on the left) as “an abstract partial body view of a cattle like creature.” Opposer Streetcar refers to its mark (on the right) as a “fanciful design of a bison.” Confusable? You be the judge. StreetCar ORV, LLC d/b/a American Expedition Vehicles v. K2 Motor Corp., Opposition No. 91248742 (May […]

By | March 10th, 2022 ||

Drafting Clearer Patent Claims After Federal Circuit L’Oreal Ruling

The U.S. Court of Appeals for the Federal Circuit recently highlighted an important rule of patent claim construction: that claim limitations should be construed in a way that avoids rendering claim terms meaningless or superfluous.

Claim terms are presumed to have their ordinary and accustomed meaning based on the plain language of the claim. However, claim interpretation can be more complicated when a claim limitation has more than one possible construction.

On March 4, in Olaplex […]

By | March 9th, 2022 ||