Amol Parikh

PTO Update: COVID-19 Prioritized Examination Extended, Non-DOCX Filing Fee Deferred and More
By Amol Parikh on Jan 5, 2023
Posted In Patents
On December 22, 2022, the US Patent & Trademark Office (PTO) announced the fifth extension of the Modified COVID-19 Prioritized Examination Pilot Program. The pilot program had been set to terminate on December 31, 2022, and is now extended to February 15, 2023. The program was implemented to support the acceleration of innovations in the...
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Litigation Funding Probe Continues to Make Waves
By Amol Parikh on Jan 5, 2023
Posted In Patents
On remand from a decision allowing the US District Court for the District of Delaware to continue its probe into who was funding a patent owner’s infringement litigation, the district court denied the patent owner’s motion to withdraw the court’s memorandum explaining why records sought in its prior order were relevant to addressing several concerns....
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Full Speed Ahead: District Court Entitled to Explore Litigation Funding Arrangements
By Amol Parikh on Dec 15, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit denied a patent owner’s mandamus petition, clearing the way for a district court to probe who is funding the patent owner’s infringement litigation. In re Nimitz Techs. LLC, Case No. 23-103 (Fed. Cir. Dec. 8, 2022) (Lourie, Reyna, Taranto, JJ.) (per curiam) (nonprecedential). Nimitz filed a...
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PTO Announces Cancer Moonshot Expedited Examination Pilot Program
By Amol Parikh on Dec 15, 2022
Posted In Patents
On December 8, 2022, the US Patent & Trademark Office (PTO) announced the launch of the Cancer Moonshot Expedited Examination Pilot Program (Cancer Moonshot Pilot). This program begins on February 1, 2023, and replaces the Cancer Immunotherapy Pilot Program. The Cancer Moonshot Pilot is scheduled to run until either January 31, 2025, or the date...
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PTO and Copyright Office Seek Public Comments on Non-Fungible Tokens
By Amol Parikh on Dec 8, 2022
Posted In Uncategorized
On November 23, 2022, the US Patent & Trademark Office and the US Copyright Office announced that they are seeking public input on intellectual property (IP) considerations related to non-fungible tokens (NFTs). The agencies will hold three public roundtables directed to patents, trademarks and copyrights, respectively, scheduled as follows: January 10, 2023 – Patents and...
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Court Uncorks New Way to Serve Trademark Complaints
By Amol Parikh on Nov 29, 2022
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit concluded that Section 1051(e) of the Lanham Act permits a plaintiff in a district court case to serve a complaint against a foreign defendant via the Director of the US Patent & Trademark Office (PTO). San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., Ltd., Case...
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Family Matters, but Only Sometimes if Claim Construction Is Involved
By Amol Parikh on Nov 10, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s claim construction, explaining that the use of a restrictive term in a definition in an earlier application does not reinstate that term in a later patent that purposely deletes the term, even if the earlier patent is incorporated by reference. Finjan LLC...
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Supreme Court to Consider Enablement Requirement
By Amol Parikh on Nov 10, 2022
Posted In Cert Alert, Patents
The Supreme Court of the United States agreed to consider how much a patent must disclose in order to meet the enablement requirement under 35 U.S.C. § 112. Amgen Inc., et al. v. Sanofi, et al., Case No. 21-757 (Supr. Ct. Nov. 4, 2022) (certiorari granted). The question presented is as follows: Whether enablement is governed...
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PTO Extends Deadline for Comments on Initiatives to Ensure Patent Robustness, Reliability
By Amol Parikh on Nov 3, 2022
Posted In Patents
On November 3, 2022, the US Patent & Trademark Office (PTO) announced that it is extending the deadline for public input on its proposed initiatives aimed at ensuring the robustness and reliability of patent rights from January 3, 2023, to February 1, 2023. For further details about the extension of the deadline, check out the...
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PTO Requests Comments on Initiatives to Expand Board Opportunities, Registration to Practice Criteria
By Amol Parikh on Oct 20, 2022
Posted In Patents
In a pair of notices, the US Patent & Trademark Office (PTO) announced on October 18, 2022, that it is seeking public input on proposed initiatives directed at expanding opportunities to appear before the Patent Trial & Appeal Board, (Board) and expanding admission criteria for registration to practice in patent cases before the PTO. PTO...
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