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FEBRUARY 8, 2019
 
 
 
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Intellectual Property Legal News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
 
 
 
 
Most video game patents that are asserted in litigation are also challenged at the PTAB through IPR or PGR petitions. Patent Owners looking for new ways attack such challenges have turned to the failure to disclose real-parties-in-interest (“RPI”). Under 35 U.S.C. § 312(a)(2), “[a] petition . . . may be considered only if . . . the petition identifies all real parties in interest[.]” Additionally, under 35 U.S.C. § 315(b), “[a]n inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.” These requirements can pose unique questions for video game companies based on their relationships and business process.     More on Video Game Patents Here>
 
 
 
What? A trademark lawyer suggesting that you needn’t always conduct a full-scale trademark search before you file a new trademark application?  Isn’t that tantamount to driving without a seat belt?  Hear us out.  More on Trademark Searches Here>
 
 
 
The 2019 Revised Subject Matter Eligibility Guidance published on January 7th purported to revise the procedures for determining whether a patent claim or patent application claim is “directed to a judicial exception (laws of nature, natural phenomena, and abstract ideas) under step 2A” of the USPTO’s Mayo/Alice Rule Guidance in two ways. First, the Revised Guidance seeks to clarify just what an abstract idea is by stated that abstract ideas can be grouped as, e.g., mathematical concepts, mental processes and the like. More important to life sciences patenting, the Revised Guidance explains that a patent claim that recited a judicial exception is not ‘directed to’ the judicial exception if the judicial exception is integrated into a practical application of the judicial exception.”   Read More About Subject Matter Eligibility Guidance Here>
 
 
 
 
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