Federal Circuit: PTO Can’t Shift Burden of Proof of Patentability to Applicant
By Audrey Millemann
In In re Stepan Co., 2017 U.S. App. LEXIS 16246, decided August 25, 2017 the Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patent ability lies with the PTO examiner.
The patent applicant was Stepan Co., who filed a patent application for formulas of an herbicide. The herbicide was a composition of a glyphosate salt and a surfactant system.
Taking his talents to the Southern District of New York: Are LeBron James’ tattoos subject to copyright?
By Jessica Rankin Corpuz
With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. Today a majority of Americans report that they would feel comfortable seeing a person with visible tattoos in a range of industries and professions. Per the Harris Poll,
Bridgestone Brands, LLC v. Firestone Public House, LLC: Battle of the Brands
By Josh H. Escovedo
Just over two months ago, Sacramento’s beloved Firestone Public House was sued by multinational conglomerate Bridgestone Brands, LLC for trademark infringement, trademark dilution, and unfair competition based upon Firestone’s use of the FIRESTONE mark. I initially found this dispute to be quite interesting in light of what I appeared to be vastly different groups of consumers being served by the respective entities: tire consumers vis-à-vis food and beverage consumers.