Merely Informational Matter Not Registrable at the U.S. Trademark Office

In July 2017, the U.S. (Patent and) Trademark Office (USPTO) published Exam Guide 2-17 (LINK to .doc file) to give guidance on why “merely informational matter” cannot serve as a trademark and thus cannot be federally registered. To function as a mark the matter must serve to indicate the source of the goods/services and to identify […]

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RIP Patent Rocket Docket of the Eastern District of Texas

On Monday, May 22, 2017, the Supreme Court of the United States (SCOTUS) killed the rule of civil procedure that allowed plaintiffs to bring their patent law suits to the plaintiff-friendly courts of the federal Eastern District of Texas. TC Heartland sought to transfer the patent infringement suit filed in Delaware federal court by Kraft Foods Group […]

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A Single Component of Kits Found Not to Infringe the Patent

On February 22, 2017, the Supreme Court of the United States (SCOTUS) issued an opinion about the intersection of international supply chains and federal patent law. The decision followed a purely textual interpretation of the relevant statute. SCOTUS reversed the Federal Circuit by finding that Thermo Fisher Scientific’s Life Technologies unit did not infringe U.S. […]

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U.S. Supreme Court Strikes Down Patent Laches Defense

On March 21, 2017, the U.S. Supreme Court (SCOTUS), in a nearly unanimous opinion, struck down the patent laches doctrine in SCA Hygiene Prods. Aktiebolag, v. First Quality Baby Prods., LLC, 580 U.S. __ (March 21, 2017). In the opinion authored by Justice Alito, SCOTUS followed the rationale of its own prior decision in Petrella v. Metro-Goldwyn-Mayer, Inc., […]

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