March 2010 – Florida Patent Lawer Blog

PTAB Reverses a 35 U.S.C. §102 Rejection Today: This is Why They Did It

Written by Mark Terry This is a great Patent Trial and Appeal Board (PTAB) decision that highlights in one, short decision the main arguments every patent practitioner should make when responding to a 35 U.S.C. §102 anticipation rejection. In Ex Parte Farkas,…

Mar 30, 2010

Stay Away From the Non-Analogous Art Argument – Florida Patent Lawyer Blog

Written by Mark Terry Today’s Board of Patent Appeals and Interferences (BPAI) decision in Ex Parte Michelle illustrates just how useless the non-analogous art argument really is. Not to beat a dead horse, since much has been written about the uselessness of…

Mar 29, 2010

The Importance of Evidence in Office Action Responses

Written by Mark Terry It is often the case that the U.S. Patent and Trademark Office (USPTO) will issue a 35 U.S.C. § 103 obviousness rejection based on what an Examiner believes is material that is known to a person of…

Mar 9, 2010

U.S. Patent Office Reverses Rejection of Key Macrovision Invention – Florida Patent Lawyer Blog

Written by Mark Terry Today, the Board of Patent Appeals and Interferences (BPAI) reversed an Examiner’s 35 U.S.C. § 102(e) anticipation rejection of a key Macrovision patent application directed to watermarks for videos. As a Miami Patent Attorney who reads BPAI decisions almost…

Mar 8, 2010

The Term GREEN Deemed Descriptive by U.S. Trademark Office – Florida Patent Lawyer Blog

Written by Mark Terry Last week, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office issued the In re Calera Corp decision, which deemed the term GREEN to be merely descriptive of an environmentally friendly product or service.…

Mar 7, 2010

Rebutting a presumption of abandonment of a trademark due to “non-use” – Florida Patent Lawyer Blog

Written by Mark Terry What constitutes abandoning a trademark, thereby opening the door for someone else to use it? How long can you cease use of a trademark without losing trademark rights? These are common questions I field regularly…

Mar 6, 2010

Abandonment-Based Trademark Cancellation Proceedings At the U.S. Trademark Office – Florida Patent Lawyer Blog

Written by Mark Terry Can you cancel an active U.S. Trademark Registration that has been abandoned? As a Trademark Attorney practicing in Miami, Florida, I’ve been asked this question more than once by a client wanting to clear the path…

Mar 4, 2010

Board of Patent Appeals Rejects Key SONY Invention under 35 U.S.C. 112, 1st Para. – Florida Patent Lawyer Blog

Written by Mark Terry In its first decision of today, the Board of Patent Appeals and Interferences (BPAI) affirmed a Patent Examiner’s 35 U.S.C. sec. 112, first paragraph, rejection of a key Sony Corp. invention. As a Patent Attorney practicing in Miami, Florida,…

Mar 2, 2010

Datacard Corporation Patent Survives Reexamination – Florida Patent Lawyer Blog

Written by Mark Terry Last week, the Board of Patent Appeals and Interferences (BPAI) of the U.S. Patent and Trademark Office reversed a Patent Examiner’s 35 U.S.C. 103(a) obviousness rejection of Datacard Corporation’s key industry patent. As a practicing…

Mar 1, 2010

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