July/August Newsletter The 4th of July, Sherman IP’s Philanthropy and the Supreme Court Decision Making Thoughtful Patent Prosecution Much More Important! With summer in full steam, we hope you had a wonderful 4th of July, are getting some time off of work and just enjoying life. In celebration of America’s Independence Day, … Continue reading July/August 2017 Sherman IP Newsletter
By Kenneth L. Sherman In May, the United States Supreme Court made it somewhat less expensive and easier for businesses to defend against what are often “strong-arm” patent lawsuits. The Supreme Court thereby made well-drafted patents, with strong claims and supportive specifications, much more valuable. At first glance, the Court’s decision in TC Heartland LLC … Continue reading Assessing Patent Infringement Claims in Light of New Venue Restrictions; Well-Drafted, Strong Patents Just Became More Valuable!
Sherman IP is Onboarding the AKeyMark Platform! Sherman IP is constantly innovating and striving to maintain its competitive edge. The AKeyMark Platform was launched to provide trademark applicants self-service tools when working with a trademark attorney. Sherman IP has always been the trademark legal team powering AKeyMark. Now, we’re excited to announce that Sherman IP … Continue reading June 2017 Sherman IP Newsletter
When you work in Intellectual Property law, you know a thing or two about creativity. This creative spark is the catalyst that propelled Kenneth L. Sherman, the Managing Partner of Sherman IP to rethink how Sherman IP approaches the traditional attorney client relationship. After hearing from clients about how many traditional law firms left them … Continue reading Innovating Client Relationships in Intellectual Property Protection – A Case Study with the L&R Group of Companies
By Kenneth L. Sherman On March 21, 2017, the United States Patent and Trademark Office (USPTO) implemented a new order to enhance their examination of trademark registrations up for renewal and to remove registrations that are no longer in use. The new order may result in the cancellation or limitation of a trademark registration if … Continue reading Getting Help for Your Trademark Renewals Just Became Imperative; Post-Registration Trademark Use Audits Now Conducted by USPTO
May 2017 Newsletter Our Clients Make Headlines! This month we’re focusing Sherman IP’s newsletter on you, our clients. Over the past 25 years (yes, we’re gearing up to celebrate our 25th Anniversary this year!), we’ve built a reputation of providing high quality, efficient legal services. We look at you, our clients, as relationships where we … Continue reading May 2017 Sherman IP Newsletter
By Kenneth L. Sherman There’s a ton of confusion around the question, “Can I copyright my logo?” To answer this question appropriately, it’s important to first identify the scope of protection you may be seeking, by distinguishing between trademarks and copyrights. Each type of legal registration serves different purposes, are obtained differently, and provide different … Continue reading Should I Copyright or Trademark My Logo?
By Kenneth L. Sherman Coming up with a name for your company, product or service is one of the most important decisions you make that will set the stage for your brand and your future marketing efforts. How do you pick the right name that will not only sound great, but one that will allow … Continue reading Picking the Right Trademark for Your Brand
April 2017 Newsletter And the Winners Are… Last month we announced our participation and sponsorship of the Maseeh Entrepreneurship Prize Competition (MEPC) and Min Family Social Entrepreneurship Challenge at the USC Viterbi School of Engineering. This month we wanted to congratulate the student participants on a job well done and announce the winners! We are proud … Continue reading April 2017 Sherman IP Newsletter
Crowdfunding Tips You Need to Succeed Imagine the feeling you get when you’ve finally pressed the “launch” button on your Kickstarter campaign. That one small click represents hundreds or even thousands of hours of hard work and creativity. The feeling is one of excitement, relief and anticipation that funding will flow like manna from heaven. You’ve done … Continue reading Crowdfunding Tips You Need to Succeed
Intellectual Property News provided by PatentlyO.com
by Dennis Crouch Ex Parte Simons, APPEAL 2016-002684 (Patent Tr. & App. Bd. Jan. 31, 2018) (Decision on Rehearing) In this case pending before the USPTO, Australian company Haplomic Technologies is seeking to patent a method of mapping whether methylated DNA bases are cis or trans. 16. A method for improving methylation mapping, comprising, substantially isolating a … Continue reading Isolating and Measuring a Natural Phenomenon
United States Declaration of Independence When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, … Continue reading Some Laws Regarding Laws of Nature
I want to pause here for a moment to make an apology to Federal Circuit Judge Reyna regarding what could easily be perceived as poor taste humor. I continue to have the highest respect for the Judge and hope that it was not taken in offense. Last week when I wrote about the AATRIX Software … Continue reading Apology to Judge Reyna
For the first time ever, the head of the Antitrust Division for the Department of Justice is a patent attorney – Makan Delrahim – who is known to be “Makan Antitrust Great Again” In a recent speech, Delrahim explained his general position – that patent holders rarely create antitrust concerns. Rather, it is equally likely that the … Continue reading Patents and Antitrust: Trump DOJ Sees Little Connection
Guest Post by Matthew J. Dowd and Jonathan Stroud Professor Saurabh Vishnubhakat’s recent well-reasoned post and longer article add much to the discussion about standing to appeal from the PTAB. Standing has recently garnered significant interest from the Federal Circuit. Building on existing scholarship, we have written a concise synopsis of standing law as applied … Continue reading PTAB Appeals, Standing, and the PTO’s Voice as Intervenor
Two questions presented on Leon Stambler’s petition for writ of certiorari: 1. Whether covered business method review, an adversarial process used by the Patent and Trademark Office to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. 2. Whether the Federal Circuit’s … Continue reading Stambler v. Mastercard: Petition to SCOTUS
by Dennis Crouch Following upon its February 8 decision in Berkheimer, the Federal Circuit has again sided with the Patentee on eligibility grounds – holding here that the lower court’s judgment on the pleadings failed to consider disputed issues of material fact. Prior to this pair of cases, it was unclear whether eligibility analysis involved … Continue reading Eligibility Analysis and its Underlying Facts: A Roadmap for Surviving Dismissal on the Pleadings
On February 13, 2018, the USPTO issued 6,825 patents, including 6,152 utility patents — Each signed by the new USPTO Director Andrei Iancu (albeit via automated electronic process).
By Dennis Crouch In re Hodges (Fed. Cir. 2018) In a split opinion, the Federal Circuit has rejected the PTAB’s anticipation and obviousness decisions – finding that the Board erred in holding that the key prior art reference inherently disclosed the an “inlet seat” defined by a “valve body” of the claimed drain assembly. Anticipation … Continue reading Reversing vs. Vacating PTAB Decisions