United States Representative Thomas Massie introduces “Restoring America’s Leadership in Innovation Act of 2020” (H.R. 7366)

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 […]

Appointments of United States Patent and Trademark Office Administrative Patent Judges

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 […]

Adding “.com” To A Generic Name Can Create A Protectable Trademark

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 […]

The Classification of Merchandise by the U.S. Customs and Border Protection is Important

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).  […]

Donika Pentcheva has been named to the Top Five Percent of America's Most Honored Lawyers

Donika expresses gratitude for being nominated and, ultimately, named to the top five percent of America’s most honored lawyers.

USPTO Will Accept Petitions to Advance Initial Examination of Applications for Marks Used to Identify Qualifying COVID-19 Medical Products and Services

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. § […]

Adidas tries to invalidate two of Nike's patents

Adidas AG recently tried to invalidate two of Nike, Inc.’s patents: U.S. Patent Nos. 7,814,598 and 8,266,749, both of which share a specification and are directed to methods of manufacturing an article of footwear with a textile upper.  The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s […]

Donika Pentcheva's Research was Cited by the United States District Court for the District of Delaware

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).

General Information on Patents: Importance of Filing Applications Promptly

A patent application must be filed in accordance with the United States patent laws. One of the most critical requirements of our patent laws is that a patent application must be filed promptly. As of March 16, 2013, patents will be awarded to the first inventor to file a patent application for a particular invention. […]

The European Patent Office Refuses Two Patent Applications Designating A Machine Inventor

The European Patent Office has refused two European patent applications in which a machine is designated as an inventor. Both patent applications indicate “DABUS” as inventor, which is described as “a type of connectionist artificial intelligence.” The applicant stated that they acquired the right to the European patent from the inventor by being its successor […]

United States Representative Thomas Massie introduces “Restoring America’s Leadership in Innovation Act of 2020” (H.R. 7366)

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 […]

Adding “.com” To A Generic Name Can Create A Protectable Trademark

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 […]

The Classification of Merchandise by the U.S. Customs and Border Protection is Important

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).  […]

USPTO Will Accept Petitions to Advance Initial Examination of Applications for Marks Used to Identify Qualifying COVID-19 Medical Products and Services

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. § […]