Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

By Robert Horowitz on January 4, 2022 Posted in Service Mark, USPTO

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted. In In re Alessandra Suuberg, SN … Continue Reading

Bio-Rad Co-ownership Defense Fails at the CAFC

By John Hilten on May 10, 2021 Posted in Patents

On April 29, 2021, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision holding the importation and sale by Bio-Rad Laboratories, Inc. (Bio-Rad) of certain microfluidic systems and components used for gene sequencing or related analyses infringed certain 10X Genomics Inc. (10X) patent claims and, moreover, … Continue Reading

CAFC: Patents Enjoy a Presumption of Subject Matter Eligibility

By Phillip Wolfe and Michael Stein on July 1, 2019 Posted in Patent

In Cellspin Soft, Inc. v. Fitbit, Inc.,[1] the Court of Appeals for the Federal Circuit (CAFC) rendered an important decision declaring that the presumption of validity under § 282 includes the presumption that claims are patent eligible under § 101. Claimed Invention and Procedural Posture Cellspin sued several companies for infringing various claims of four … Continue Reading