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Prosecution history of prior art helps save a patent from anticipation. INTEX v. TEAM WORLDWIDE

After a patent has issued it can still be invalidated. One of the ways a patent can be invalidated is through Inter partes review. IPR is a proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent only on a ground that could be…

DANK found to be merely descriptive, brewery denied trademark registration. IN RE SWEETWATER

A trademark is a something that a manufacturer uses to signal to consumers that the manufacturer is the source of a product. A trademark is traditionally a symbol, word or phrase, but a trademark can also be a color, sound or smell. If a something creates an association in the mind of a consumer between…

Is a shared bug in two different apps evidence of copyright infringement? DIRE STUDIOS v. APPLE

Copyright is a set of exclusive rights granted to the author of a new work. In the United States the law protects software as if it was a literary work. A programmer that creates a new piece of software is granted a copyright on the software. If someone other than the programmer copies, distributes or…

Expert testimony on obviousness does not incorporate the argument by reference. 3M v. EVERGREEN

After a patent is granted it is not immune from attack. Inter partes review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the…

Beverage makers battle over WAVE as a trademark. OCEAN SPRAY v. WEDGE WATER

A trademark is something that a seller uses to brand goods to tell consumers that the trademark owner is the seller of the products. Traditionally a trademark is though of as a word, short phrase or symbol. However, anything that serves the purpose of telling consumers who produced a product can be eligible for trademark…

Texas Supreme court rules that copyright infringement by the state is not a taking. OLIVE v. UNIVERSITY OF HOUSTON

United States copyright law grants the creator of a new work the exclusive right to reproduce, distribute, perform, display, transmit and prepare derivative works based on the copyrighted work. A creator is granted a copyright when they create a copyrighted work. A copyright can be registered with The United States Copyright Office to strength the…

Patent application for travel planning device rejected as ineligible subject matter. IN RE: BONGIORNO

An inventor must meet many requirements to get a patent on an invention. The patent application must demonstrate several different things, including novelty, non-obviousness, written description, and enablement. But a fundamental requirement is the invention must be eligible subject matter for a patent. If the subject matter of an invention is not eligible for a patent, the…

Caffeinated beverage companies battle over RISE trademark. RISE BREWING v. PEPSICO

A trademark can be registered with the United States Patent and Trademark Office to strengthen the rights associated with a trademark, however registration is not required to begin using a trademark to brand products. Obtaining a right to a trademark law in the United States is based on using the trademark in commerce. The first…