CAFC Corrects PTAB’s Inventorship Analysis in First Appeal of AIA Derivation Proceeding

Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Global Health Solutions LLC v. Selner affirming the Patent Trial and Appeal Board (PTAB) in the first appeal of a derivation proceeding under the America Invents Act (AIA) litigated at the Board. Although the Federal Circuit corrected the PTAB on the proper analysis for derivation proceedings in light of the AIA’s related first-to-file provisions, the appellate court found no reversible error in the Board’s determination that Marc Selner could not have derived the invention at issue from GHS’ inventor because Selner proved an earlier conception of the invention.

Beyond State Law: The Ninth Circuit’s New Framework for DTSA Trade Secret Identification

Trade secret litigation presents a fundamental paradox at the pleading stage: on the one hand, a plaintiff must identify their allegedly misappropriated trade secrets with sufficient specificity to survive a motion to dismiss, without providing an overly detailed disclosure in the public complaint that could effectively destroy the trade secret’s protected status, undermining the very foundation of the claim, while also describing the trade secrets sufficiently to provide defendants with adequate notice to mount a defense and ensure compliance with required pleading standards. The federal Defend Trade Secrets Act (DTSA) does not provide explicit identification guidance. At the state level, only California and Massachusetts have enacted statutory provisions addressing certain aspects of trade secret identification under their respective versions of the Uniform Trade Secrets Act.

The Intangible Economy: Realizing Wealth from Innovation, IP and Trade

Patrick Kilbride argues for a system where novel work is protected by law, honoring the American founders’ vision that property rights should be tied to labor. Kilbride asserts, “Innovation is just an economic activity. What sets it apart is its complexity, requiring time, resources, and the right environment to flourish.” He stressed the global necessity for environments that support innovation, highlighting the shared human instinct to create and solve problems. He also explained that if an individual creates something demonstrably new, they deserve ownership and protection, reinforcing the essential role of strong IP laws in the economy.

Brunetti’s Back: Split CAFC Rejects Most of Scandalous Trademark Applicant’s Arguments But Remands for Second Chance at TTAB

A split panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision that affirmed the rejection of Erik Brunetti’s applications to register the mark FUCK for various goods and services. The precedential decision was authored by Judge Dyk and Judge Lourie dissented.

Vetements Pursues SCOTUS Review of Federal Circuit’s Foreign Equivalents Ruling

Fashion company Vetements Group AG filed a petition for a writ of certiorari that was docketed on August 19 asking the U.S. Supreme Court to review a U.S. Court of Appeals for the Federal Circuit (CAFC) decision that upheld the rejection of its trademark applications for the non-English mark VETEMENTS under the doctrine of foreign equivalents. According to the petition, the case presents fundamental questions about whether foreign-language marks should be evaluated based on consumer perception or English translation.

Seven Questions Every Inventor Should Answer Before Filing a Patent Application

Filing a patent application is one of the most important steps an inventor can take. It protects your priority rights, signals credibility to investors, and can form the foundation of a business. But it’s also one of the easiest steps to get wrong. During my 15 years as a patent examiner at the U.S. Patent and Trademark Office (USPTO), I reviewed thousands of applications. Time and again, I saw filings that were doomed before they even reached my desk. Not because the idea lacked merit, but because inventors rushed ahead without preparing properly.

USPTO Director Discretionary Denials Granted Due to Trial Timing Despite Young Age of Patents

In the latest Director Discretionary Denial decisions to issue from the U.S. Patent and Trademark Office (USPTO), Acting Deputy Chief Administrative Patent Judge Kalyan K. Deshpande denied institution in six inter partes reviews (IPRs) brought by Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc against GenghisComm Holdings, LLC over mobile communications patents—some of which are only three years old. USPTO Acting Director Coke Morgan Stewart recused herself from the decisions due to a conflict and delegated her authority to Deshpande via a Notice of Delegation.

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