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
Motupalli v. Iancu (Supreme Court 2020) This pro se petition to the Supreme Court has a number of major problems, but does ask one interesting question: Whether 35 U.S.C. §112 [the enablement doctrine] is satisfied when the specification of a patent application is enabling to an interdisciplinary team of two or three persons, working in cooperation? … Continue reading Claiming Super-Augmenting a Persona to Manifest a Pan-Environment Super-Cyborg
The Federal Circuit is set to start holding oral arguments again for the week of April 6, 2020. The arguments not be in-person but rather conducted via telephone (audio only). The currently conceived setup won’t allow non-parties to listen-in on the conversation but the court is recording oral arguments and has indicated that it “will … Continue reading Oral Arguments at the Federal Circuit (via Telephone)
Genentech v. Iancu (Fed. Cir. 2020) Hospira, Samsung Bioepis, Celltrion, and Pfizer each filed one or more inter partes review (IPR) petitions challenging Genentech breast-cancer slow-down patents: US7846441 and US7892549. The patents recognize that some breast cancer patients make too much ErbB2 protein. The offered solution is administration of an antiErbB2 antibody and “a taxoid, … Continue reading “A single inartful statement in the prosecution history”
The US is reporting more new jobless claims last week than for the entire prior year — ending a 10-year streak of month-by-month “job growth” that began shortly after Pres. Obama took office and has continued for the past three years under Pres. Trump. In addition to cutting employees, businesses are likely to cut patents. Russ … Continue reading Patent Abandonment
The following is the text of the CARES Act as it relates to the USPTO deadlines. [Full Text of the Bill]. SEC. 12004. (a) IN GENERAL.—During the emergency period described in subsection (e), the Director may toll, waive, adjust, or modify, any timing deadline established by title 35, United States Code, the Trademark Act, 19 … Continue reading CARES Act Text – PTO Related Deadlines
The $2 trillion stimulus and economic rescue bill known as the CARES Act is moving forward in the Senate. Although not generally a key aspect of the legislation, the current proposal on the table includes temporary authority for the USPTO Director to “toll, waive, adjust, or modify, any timing deadline” established by the patent or … Continue reading Coronavirus Aid, Relief, and Economic Security (CARES) Act and the USPTO
I am writing a separate post on Galderma Labs., L.P. v. Amneal Pharms. LLC (Fed. Cir. March 25, 2020), but wanted to note the claim language found in Gladerma’s U.S. patent No. 8,206,740. In particular, I was first surprised to see the final element of the claim written as an “optional” limitation: 1. An oral pharmaceutical … Continue reading Consisting of . . . and optionally . . .
In re Sprouts Farmers Market, Inc. (Fed. Cir. 2020) Sprouts is a supermarket chain sued by Motion Offense, LLC in W.D.Tex. for infringing its patents, US10013158 & US10021052 (processing and sharing a “data object”). The basic allegation in the case is that Sprouts’ is infringing the patents by using Dropbox. After hearing that its customers … Continue reading Customer Suit Exception and Stays for Judicial Economy
I previously discussed Fote v. Iancu. Charles Fote has now petitioned the Supreme Court for certiorari — asking the following question: Whether a court of appeals must provide an opinion explaining its reasoning in an appeal that involves a complex and unsettled area of the law and in which a written opinion would likely provide the … Continue reading Fote v. Iancu: R.36 Decisions and the Reasons for Judgment
by Dennis Crouch My Civil Procedure class at Mizzou is now “Online Civil Procedure.” The final topic in the course will be “respect for judgments.” A basic setup of our legal system is to offer substantial justice — giving all parties due process including an opportunity to be heard and judged by an impartial tribunal. … Continue reading Respect for Judgment: Challenging the Federal Circuit’s Unique Finality Rule