Schmeiser, Olsen & Watts recognizes that a high quality and experienced legal partner to assist in the development and protection of its intellectual property matters. Thus, we are pleased to provide you with an introduction to Schmeiser, Olsen & Watts LLP. Our IPR Practice We feature a team of patent practitioners that are experienced in all areas […]
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The Implications of United States v. Arthrex, Inc., 594 U.S. ___ (2021) Background In Arthrex, Inc. v. Smith & Nephew, Inc., the United States Supreme Court addressed the constitutionality of the appointments of Administrative Patent Judges (APJs) to the Patent Trial and Appeal Board (PTAB), concluding that the APJs are \”principal officers\” of the
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USPTO Alternative Dispute Resolution An alternative dispute resolution (ADR) is any procedure, agreed to by the parties of intellectual property disputes, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation. Types of ADR include arbitration, mediation, negotiated rulemaking, neutral factfinding, and minitrials. With the exception
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Patent Trial and Appeal Board Sanctions: What You Need to Know In inter partes review, covered business method and post-grant review proceedings, the Patent Trial and Appeal Board (PTAB) may impose sanctions on a party if that party is found to have committed misconduct during a review. Sanctions can include monetary penalties, exclusion from participation in
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ITC Litigation and Section 337 Proceedings The Tariff Act of 1930 (19 U.S.C. $ 1337) gives the International Trade Commission (\”ITC\”) exclusive jurisdiction over certain intellectual property disputes. These proceedings have become increasingly popular because they typically resolve themselves far faster than going to trial in Federal Court. An ITC litigation attorney requires an understanding
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A Covered Business Method Review (CBM Review) is a type of post-grant proceeding available under the America Invents Act (AIA). CBM Reviews are intended to provide a quicker and cheaper alternative to traditional patent litigation for challenging the validity of covered business method patents. To initiate a CBM Review, a petitioner must file a petition
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What is ICANN and what does it do? Every day, we use the internet to communicate, shop, and learn. We take for granted that when we type in a web address- like google.com- our computer will know where to find it. But how does that work? And who is responsible for making sure it all
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What is an FTO search? A freedom to operate (FTO) search is a review of a company\’s IP and other legal rights to ensure that there are no obstacles to the company operating in a particular market. This type of search is important for companies that want to make sure they are able to protect
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Enforceable trademark rights are conferred on a trademark once it is being used as a source indicator in commerce in connection with goods and/or services. These rights can stem from common law usage, which is use in commerce without a federal registration, as well as from a federal registration. If an applicant for a federal
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In partnership with UMass Lowell Innovation Hub, attorneys from Schmeiser, Olsen & Watts LLP hosted a digital meeting for entrepreneurs interested in forming an IP strategy to protect their inventions and to gain venture capital while trying to maintain a budget required to execute the strategy. Tim Collins, Allie Scoville, and Victor Baranowski presented at
