Robert A. Skrivanek

Feb 14, 2024 | ipwatchdog.com | Eileen McDermott |Sara Dobie Bauer |Gregory Gerstenzang |Robert A. Skrivanek

“Given how broadly the specification defines users and transactions, the intrinsic evidence does not support construing ‘transaction partner’ to mean ‘seller.'” – CAFCThe U.S. Court of Appeals for the Federal Circuit (CAFC) today held that certain claims of a patent for a system to protect against identity theft and fraud were invalid for indefiniteness. Judge Schall dissented-in-part, explaining that he would not have found the claims indefinite based on the intrinsic evidence.

Feb 13, 2024 | ipwatchdog.com | Eileen McDermott |Gregory Gerstenzang |Robert A. Skrivanek |Steve Brachmann

“Since the domicile address requirement ‘does not alter the substantive standards by which the USPTO evaluates trademark applications, e.g., a mark’s use in commerce or distinctiveness,’ it qualifies as a procedural rule that is excepted from notice-and-comment rulemaking, said the court.” The U.S. Court of Appeals for the Federal Circuit (CAFC) today said in a precedential decision that the U.S. Patent and Trademark Office (USPTO) did not need to engage in notice-and-comment rulemaking to...

Feb 13, 2024 | ipwatchdog.com | Gregory Gerstenzang |Eileen McDermott |Robert A. Skrivanek

“The USPTO should revise its systems to refuse maintenance fee payments for expired patents or give a warning if one attempts to pay a maintenance fee on an expired patent.”Editor’s note: The USPTO did not respond to IPWatchdog’s request for comment on this article. Is your company paying the United States Patent and Trademark Office (USPTO) maintenance fees for expired patents?