Amol Parikh
Subscribe to Amol Parikh's PostsAmol Parikh concentrates his practice on intellectual property litigation, counseling and procurement. He draws on his trial and litigation experience in combination with his engineering training to quickly identify intellectual property issues and develop creative strategies to address them. Amol’s work on behalf of clients has earned him recognition in many industry publications. Most recently, Amol was recognized in February 2019 with the International Law Office’s “2019 Client Choice Award” for Intellectual Property in Illinois. The award recognizes “excellent client care” and the “ability to add real value to clients’ business above and beyond the other players in the market,” and winners may only be nominated by corporate counsel. Read Amol Parikh's full bio.
Breaking New Grounds to Limits of IPR Estoppel
By Amol Parikh on May 15, 2025
Posted In Patents
In a matter of first impression, the US Court of Appeals for the Federal Circuit found that inter partes review (IPR) estoppel does not preclude a petitioner from relying on the same patents and printed publications as evidence in asserting a ground that could not have been raised during the IPR proceeding, such as that...
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New Administration, Same Patent Reform Bill
By Amol Parikh on May 8, 2025
Posted In Patents
A bipartisan group of senators and congressional representatives reintroduced the Patent Eligibility Restoration Act (PERA), which aims to reform the law of patent eligibility under 35 U.S.C. § 101. PERA seeks to address the challenges posed by recent Supreme Court decisions and restore clarity and predictability in the US patent system. PERA preserves the existing categories...
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PTO Accelerates Patent Issuance Timeline
By Amol Parikh on Apr 24, 2025
Posted In Patents
The US Patent & Trademark Office (PTO) announced that it has shortened the time between the issue notification and the issue date for patents. Historically, the time between these two events averaged about three weeks. Seeking to provide earlier protection for inventions, the PTO intends to reduce that time to about two weeks. The PTO...
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Sour Grapes: Attorney’s Oral Agreement Might Be Okay if Fair, Just, and Fully Advised
By Amol Parikh on Feb 27, 2025
Posted In Uncategorized
The US Court of Appeals for the Ninth Circuit found that a district court erred in declaring on summary judgment that an attorney had no ownership interest in a winery because the alleged agreement was made orally. The Ninth Circuit explained that there were triable issues of fact as to whether the attorney could rebut...
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Lager Than Life: $56 Million Verdict in Beer Trademark Dispute Still on Tap
By Amol Parikh on Jan 16, 2025
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jury’s conclusion that a beer company’s rebranding of one its beers infringed a competitor’s trademark. Stone Brewing Co., LLC v. Molson Coors Beverage Company USA LLC, Case No. 23-3142 (9th...
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PTO Withdraws Proposed Rule on Terminal Disclaimer Changes
By Amol Parikh on Dec 12, 2024
Posted In Patents
The US Patent & Trademark Office (PTO) withdrew its proposed rule that suggested major changes to its terminal disclaimer practice. 89 Fed. Reg. 96152 (Dec. 4, 2024). In May 2024, the PTO issued a Notice of Proposed Rulemaking that would have required a terminal disclaimer to include an agreement that a patent would be unenforceable...
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New Year, New Fees: PTO Issues 2025 Fee Schedule
By Amol Parikh on Dec 5, 2024
Posted In Patents
The US Patent & Trademark Office (PTO) issued its final rule setting and adjusting patent fees that will take effect on January 19, 2025. 89 Fed. Reg. 91898 (Nov. 20, 2024). The final rule sets or adjusts 433 patent fees for undiscounted, small, and micro entities, including the introduction of 52 new fees. The fee...
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End of an Era: PTO Terminates AFCP 2.0 Amid Fee Concerns
By Amol Parikh on Oct 10, 2024
Posted In Patents
The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. 89 Fed. Reg. 79899 (Oct. 1, 2024). Launched in 2013, AFCP 2.0 aimed to streamline the patent examination process following a final rejection by allowing applicants to submit amendments without incurring additional...
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Back to the Future: Expert Can Be Skilled Artisan Based on Later-Acquired Knowledge
By Amol Parikh on Sep 12, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit clarified that a technical expert does not need to have been a person of ordinary skill in the art (POSITA) at the time of the invention. Instead, they may rely on later-acquired knowledge to offer testimony from the vantage point of a skilled artisan at the...
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Recipe for Rejection: Trademark Application Burnt by Specimen Flaws
By Amol Parikh on Aug 22, 2024
Posted In Trademarks
The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No. 88621608 (July 31, 2024, TTAB) (Cataldo, Goodman, Pologeorgis, ATJ) Gail Weiss applied to register the mark GABBY’S TABLE on...
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