By:  Gene M. Garner II, Partner In a June 21, 2021 opinion in United States v. Arthrex, Inc., et al., Smith & Nephew, Inc., et al. v. Arthrex, Inc., et al., and Arthrex, Inc. v Smith & Nephew, Inc., et al., 594 U.S. __(2021), on Writs of Certiorari to the […]

By: Sunil Chacko, Associate The Citizen Centric Report put out annually by the Advisory Committee highlights the USPTO’s performance for the previous year and its goals for the upcoming year. This year’s report focused on the USPTO initiatives to respond to the COVID-19 pandemic, the USPTO performance, and its management […]

By: Jeremy Stroh, Partner The United States Patent and Trademark Office (USPTO) has recently proposed several changes to the Trademark rules of practice in an effort to implement the Trademark Modernization Act (TMA), which was enacted on December 27, 2020. Many of the changes are directed to providing new avenues […]

By: Mehdi Sheikerz, Partner In the recent case of DivX LLC v. Hulu LLC, C.D. Cal., No. 21-cv-01615, June 11, 2021, a federal U.S. District Court in the Central District of California agreed with Hulu (Defendant) to dismiss the DivX’s (Plaintiff) claims for pre-suit damages on a patent. The Court […]

By: Gene M. Garner II, Partner On May 4, 2021, oral arguments were heard by the Court of Appeals for the Federal Circuit (“CAFC”) relating to whether the Patent Trial and Appeal Board (“the Board”) of the United States Patent and Trademark Office (“USPTO”) could use statements made in an […]