The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more
11/17/2023
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Lanham Act ,
Political Affiliation ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademarks ,
USPTO ,
Vidal v Elster
The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey...more
11/17/2023
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Lanham Act ,
Political Affiliation ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademarks ,
USPTO ,
Vidal v Elster
In Arthrex Inc. v. Smith & Nephew Inc. et al., case number 18-2140, the U.S. Court of Appeals for the Federal Circuit recently considered whether the appointment of the Board’s Administrative Patent Judges (“APJs”) by the...more
In CELGENE CORPORATION v. PETER, the Federal Circuit recently affirmed the PTAB’s decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR...more
In a 7-2 opinion, the U.S. Supreme Court ruled in OIL STATES ENERGY SERVICES, LLC v. GREENE’S ENERGY GROUP, LLC that inter partes review does not violate Article III or the Seventh Amendment of the Constitution. Thus, the...more
4/27/2018
/ America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Rights Doctrine ,
SCOTUS ,
Seventh Amendment ,
USPTO