Intellectual Property Blog
Choosing an IP Lawyer: Legal Matters in Intellectual Property Protection
In the complex world of intellectual property (IP), securing skilled legal representation can make a significant difference. Whether you are an inventor, an artist, or a multinational corporation, selecting the right IP lawyer is crucial to protecting your creative...
A Guide to Effective Trademark Prosecution: Strategies and Pitfalls
In the digital age, where brand identity can be as valuable as physical assets, securing and protecting trademarks is essential for any business aiming to establish and maintain its market position. At TBillick Law PLLC, we navigate the complexities of trademark law...
Understanding the Impact of Loper Overturning Chevron Deference on the TTAB and PTAB
On June 28, 2024, the U.S. Supreme Court issued a 6-3 opinion in Loper Bright Enterprises v. Raimondo. In Loper, the court majority overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., a landmark administrative law case establishing that...
The Intersectionality of Design and Tech: Apple & Samsung’s Lessons on Patent Infringement
The battle between Samsung Electronics Co., Ltd. and Apple Inc. over patent infringement claims has been one of the most high-profile legal conflicts in recent history. Spanning several years and involving multiple lawsuits and appeals, the dispute revolved around...
Reviving Dead Patents: The Ramifications of Minerva Surgical v. Hologic on Assignor Estoppel
Assignor estoppel is a doctrine intended to ensure fairness and uphold the integrity of patent transactions. In 2021, the Supreme Court’s decision in Minerva Surgical v. Hologic refined this doctrine. The Court upheld assignor estoppel but limited its application,...
The Lanham Act’s Restrictions on Calling Someone Out with Your Trademark: Implications of the “Trump Too Small” Case
The “Trump Too Small” trademark dispute centers on Steve Elster’s effort to register a politically charged phrase referring to former President Donald Trump for use on merchandise such as T-shirts. The US Patent and Trademark Office (USPTO) initially rejected Elster’s...
Here Come the Copyright Infringement Suits: How the Warner Chappell Music v. Nealy Case Made the “Discovery Rule” Critical in Determining When to Bring Your Case
When do you need to bring a copyright infringement claim before you lose the right? Under the U.S. Code, the copyright infringement statute of limitations is three years. So, you have to bring a claim within three years. Within three years of what? The usual answer is...
Design Patent Litigation Tactics: Where Is the (Dotted) Line Between Ornamental Features and Functional Features?
When deciding whether to apply for a design patent vs. a utility patent, the usual dividing line is that you use a utility patent for function and a design patent for appearance. Utility patents cover how an invention works, while design patents cover what an...
How to Challenge a Patent Before the PTAB
What Is an Inter Partes Review (IPR)? If you are a patent holder, you may already know and dread the term inter partes review. An inter partes review or IPR is an administrative trial held before the Patent Trial and Appeal Board (PTAB) to determine whether a patent...