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Josh Conley

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Securing IP Rights In Cannabis Branding Without A Trademark, What?

Josh Conley \ February 06, 2019

Cannabis continues to grow as states become more and more accepting of its use for medical and recreational use.  The problem is that the Federal government is a bit behind the times and it has implications on the IP portfolio of growers, distributors, and dispensaries.  

Patent Office Facing Closure Soon, Other Offices Keeping Doors Open Longer

Josh Conley \ January 25, 2019

The USPTO has now indicated that the Patent Office will need to stop operations coming the second week of February.  Although this information is a bit vague, indications from Examiner’s I have spoken with point to February 4th, which is the first day of a new bi-week.

New Ruling: Private Sales of Your Invention Can Prevent Securing Patent Protection

Josh Conley \ January 22, 2019

The U.S. Supreme Court addressed a question that has been up in the air since the America Invents Act went into effect.  In a unanimous decision, the Court held that the scope of the on-sale bar has not changed in scope. The full opinion can be viewed here.

How Is the Prolonged Shutdown Impacting Your IP?

Josh Conley \ January 21, 2019

We are drudging into week 5 of the unprecedented government shutdown. The shutdown caused a variety of issues across the country, including national park closures and TSA crippling under the financial constraints placed on employees. But what does the shutdown mean for your..

New Patent Office Guidelines May Stifle Alice's Reign Of Terror On What Can Be Patented

Josh Conley \ January 14, 2019

There is a ray, eh, a glimmer of hope that change is coming to how the Patent Office decides what is and is not eligible for receiving a patent. On January 7, the 2019 Revised Patent Subject Matter Eligibility Guidance became effective. The guidance intends to improve clarity,..

Satanic Temple Works Things Out With Netflix and Warner Brothers

Josh Conley \ November 28, 2018

Earlier this month we posted about the Satanic Temple’s $150M lawsuit against Netflix and Warner Brothers over the Satanic Temple’s statue of Baphomet, a “deity of antiquity,” that is seen numerous times throughout the show “The Chilling Adventures of Sabrina.” The parties have..

Patent Owners Cannot Rely Upon Assignor Estoppel During IPRs

Josh Conley \ November 26, 2018

On November 9, 2018, the Federal Circuit decided Arista Networks Inc. v. Cisco Systems Inc., finding assignor estoppel is inapplicable when the validity of a patent is challenged during an Inter Partes Review (IPR).

Federal Government Urges Delay on Copyright Litigation

Josh Conley \ November 13, 2018

The solicitor general for the United States has urged the Supreme Court to resolve a split between circuits on when a copyright infringement case can be filed in federal court.  Copyright registration is a pre-requisite to filing a claim for copyright infringement. 

NETFLIX AND SUE: SATANIC TEMPLE SAYS SABRINA COPIED ITS DEITY

Josh Conley \ November 09, 2018

The United Federation of Churches, more commonly known as The Satanic Temple, filed suit against Netflix and Warner Brothers yesterday in the Southern District of New York.  

Scout Wars: Girl Scouts and Boy Scouts Set To Square Off In Court

Josh Conley \ November 08, 2018

If you thought the tactics used by Girl Scouts to push their delicious cookies are aggressive, don’t mess with their intellectual property.