On January 22 the USPTO announced a pilot program to streamline cancellation proceedings for allegedly abandoned and unused trademarks. Under this program, once an answer is filed, the assigned TTAB Interlocutory Attorney has the parties participate in a mandatory discovery conference. At the mandatory discovery conference both the Interlocutory Attorney and an Administrative Trademark Judge are present. The conference is not just for discovery but also covers stipulations of fact, evidentiary stipulations, limits to discovery, and potential summary judgment. Once a case is ready for a final decision, the decision will be made within 50 days. This expedited process is more efficient and cost effective than a traditional cancellation proceeding and should be considered as an option by clients who want to cancel a registered mark for abandonment or lack of use.
WHIPgroup successfully obtained allowance of an application with the filing of an Appeal Brief. The application relates to a medical manipulator with a working unit that provides a rolling operation with unlimited range of rotation. [Read More…]
By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]
By Michael J. Kosma Patents are never invalid, only their claims. This was quickly discussed by the Federal Circuit in Sophos Inc. v. RPost Holdings, Inc. (Fed. Cir. 2019) in reviewing a district court’s Order granting [Read More…]