USPTO Leadership

• Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community.

USPTO News

• On August 29, the USPTO launched an open beta version of the Trademark Trial and Appeal Board (TTAB) Center for filing notices of opposition. Over the next few years, the USPTO plans to continue transitioning to TTAB Center as the central platform for parties doing business with the TTAB.

• The USPTO is seeking nominations to join its Council for Inclusive Innovation (CI²), which aims to foster inclusive innovation and to support innovation from those who have traditionally been underrepresented in the innovation ecosystem.

Final Rules

• There are no new final rules.

Interim Rules

• There are no new interim rules.

Proposed Rules

• There are no new proposed rules.

PTAB Decisions

• New Precedential PTAB Decisions

  • There are no new precedential PTAB decisions.

• New Informative PTAB Decisions

  • There are no new informative PTAB decisions.

• New Director Review Decisions

  • PLR Worldwide Sales Ltd. v. Flip Phone Games Inc., IPR2024-00133

    • Decision vacating decision denying institution, and remanding for further proceedings – Paper 12 (Vidal August 22, 2024) [determining that the Board’s majority construction of “a non-promotional background object,” which turned on whether an element is “unexpectedly interactive,” was improperly based on the subjective views of the user]

  • Luminex International Co., Ltd. v. Signify Holdings B.V., IPR2024-00101

    • Order vacating decision denying institution, and remanding for further proceedings – Paper 12 (Vidal August 20, 2024) [determining that institution of inter partes review was not barred under 35 U.S.C. § 315(b) because Menard, Inc. – which had been served with a complaint alleging infringement of the subject patent and had subsequently filed a third party complaint for indemnification against Petitioner – was neither a real party in interest nor a privy of Petitioner]

  • Samsung Electronics Co., Ltd. v. Slyde Analytics, LLC, IPR2024-00040

    • Decision vacating decision denying institution, and remanding for further proceedings – Paper 14 (Vidal August 2, 2024) [determining that the Board erred in construing the term “processor” based solely on extrinsic evidence without first thoroughly considering all of the intrinsic evidence]