Dynamic Drinkware

Feb 13, 2024 | jdsupra.com | Dynamic Drinkware |Courtenay C. Brinckerhoff |Rebecca B. Kimmelfield

The U.S. Patent and Trademark Office (USPTO) has released new training materials on “Declaration practice under 37 CFR 1.132 (Rule 132).” The materials were developed under a collaboration initiative with the U.S. Food and Drug Administration (FDA) to guide patent examiners in the evaluation and treatment of Rule 132 declarations. Stakeholders who rely on such declarations may be able to leverage the guidance to strengthen their submissions and make them more persuasive.

Jan 30, 2024 | jdsupra.com | Dynamic Drinkware |Nikhil Pradhan

Major technology paradigm shifts are typically followed by a wave of patent application filings. If you don’t believe that, a quick patent search will validate this for your technology of choice. What you’ll also find is that there can be a significant lag between when the technology enters the mainstream and when related patent applications actually publish.

Jan 30, 2024 | foley.com | Dynamic Drinkware

The Patent Trial and Appeal Board (PTAB) recently addressed both the timing requirements and procedures for filing a Sotera stipulation before the Board in, BMW of North America LLC v. Northstar Systems LLC, IPR2023-01017 (P.T.A.B. June 9, 2023). In granting institution, the Board held that a petitioner’s Sotera stipulation should not be disregarded “because of its timing.” See id., Paper 12, at 10.

Dec 29, 2023 | mondaq.com | Dynamic Drinkware |Claire Castles |Jennifer J. Chheda |Sarah A. Geers

The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally funded inventions. Among other considerations, the proposed framework considers the price of a product as a relevant factor with respect to whether an invention has achieved practical application or whether it reasonably satisfies health or safety needs.

Dec 29, 2023 | mondaq.com | Dynamic Drinkware |Matthew Berntsen |Cory Bell

In Lu v. Hyper Bicycles, Inc., No. 1:20-cv-1173923, Judge Gorton granted in part Hyper's motion for attorneys' fees. First, the Court ruled that the case was exceptional, finding that Lu failed to meaningfully litigate the case, which ultimately rendered his positions frivolous.