On June 25, 2020, United States Representative Thomas Massie (a Republican representing Kentucky’s District Four) introduced in the United States House of Representatives a bill titled “Restoring America’s Leadership in Innovation Act of 2020” (also referred to as H.R. 7366). If enacted into law, H.R. 7366 would repeal the “first-to-file” system under the America Invents…
The Solicitor General, on behalf of the United States, petitioned the Supreme Court of the United States for a writ of certiorari to review the judgments of the United States Court of Appeals for the Federal Circuit in the following two cases: Arthrex, Inc. v. Smith & Nephew, Inc. and Polaris Innovations Limited v. Kingston…
In an 8-1 majority decision, the United States Supreme Court held that adding “.com” to a generic name can create a protectable trademark. United States Patent and Trademark Office v. Booking.com B.V. A generic name is the name of a class of products or services. Id. A term styled “generic.com” is a generic name for…
Apple filed suit against the U.S. in the U.S. Court of International Trade in which Apple challenged U.S. Customs and Border Protection’s classification of Apple’s iPad 2 Smart Cover under the Harmonized Tariff Schedule of the United States (“HTSUS”) Subheading 6307.90.98. Apple, Inc. v. United States, 375 F. Supp. 3d 1288 (Ct. Int’l Trade 2019). …
Beginning June 16, 2020, the Director of the United States Patent and Trademark Office (“USPTO”) will accept petitions to advance initial examination of applications for marks used to identify qualifying COVID-19 medical products and services. Because the USPTO considers the effects of COVID-19 to be an “extraordinary situation” within the meaning of 37 C.F.R. §…
Donika Pentcheva’s research was cited by the United States District Court for the District of Delaware in Realtime Adaptive Streaming, L.L.C. v. Netflix, Inc., Civil Action No. 17-1692-CFC-SRF (D. Del. Dec. 12, 2018).