Supreme Court Remands Toy Story “Lotso” Case to 9th Circuit Following the Supreme Court’s decision earlier this month in the Jack Daniel’s dog toy trademark dispute, the Supreme Court has remanded a case against Disney to the Ninth Circuit. Lots-o’-Huggin’ Bear (aka “Lotso”), the strawberry-scented, sadistic antagonist in Disney’s Toy Story 3, is also the alleged villain of Diece-Lisa Indus., Inc. v. Disney Store USA, […] Read Post →
First-Time Patent Filer? The USPTO Wants to Make You Special As part of ongoing efforts to create a more equitable and diverse patent system, last month the USPTO and its Council for Inclusive Innovation (CI2) announced the First-Time Filer Expedited Examination Pilot Program. The goal of the program is to increase accessibility to the patent system for inventors who are new to the patent process. […] Read Post →
Federal Circuit Holds That For Ornamental Plants, Mere Display Counts As “Public Use” How does one “use” an ornamental object? This question was at issue in the recent case of In re WinGen LLC (Fed. Cir. 2023). In a nonprecedential opinion, the Federal Circuit held that the display of an ornamental plant at a private marketing event constituted invalidating prior public use under pre-AIA 35 U.S.C. § 102(b). […] Read Post →
Worldwide Plant Variety Application Filings Reached Record Highs in 2021 Despite a global economic downturn and the COVID-19 pandemic, a report recently published by the World Intellectual Property Organization (WIPO) reveals there was sustained growth in worldwide IP filings in 2021. From 2020, patent filings grew by 3.6%, trademark filings grew by 5.5%, and plant variety applications grew by a staggering 12%. This double digit […] Read Post →
Solicitor General Urges Supreme Court to Deny Cert in Amgen Antibody Patenting Case In an amicus brief for the United States Government released September 21, 2022, the Solicitor General advises the Supreme Court to deny Amgen Inc.’s petition for a writ of certiorari in the Amgen v. Sanofi case. If the Supreme Court follows the Government’s suggestion, it could mean a swift end for the controversial antibody patenting […] Read Post →
USPTO Extends Cancer Immunotherapy Pilot Program The United States Patent and Trademark Office recently issued a notice extending the Cancer Immunotherapy Pilot Program (AKA “Patents 4 Patients”) until September 30, 2022. The program was first implemented in 2016 as part of the $1 billion National Cancer Moonshot initiative and allows for fast-track review of cancer immunotherapy-related patent applications without the need […] Read Post →
USPTO Issues Final Rule Amending Rules of Practice For Biological Sequence Listings On May 20th, the United States Patent and Trademark Office published a Final Rule amending the rules of practice associated with disclosures of nucleotide and amino acid sequences in patent applications. The new standards, applicable to all patent applications filed on or after July 1, 2022, will bring the USPTO rules of practice into conformity […] Read Post →