The U.S. Court of Appeals for the Federal Circuit recently highlighted an important rule of patent claim construction: that claim limitations should be construed in a way that avoids rendering claim terms meaningless or superfluous. Claim terms are presumed to have their ordinary and accustomed meaning based on the plain language of the claim. However, claim interpretation can be more complicated when a claim limitation has more than one possible construction. On March 4, [...]

The Biden administration has indicated support for the temporary waiver of patent protections related to COVID-19 vaccine development. In the United States, there are three COVID-19 vaccines that received emergency use authorization from the U.S. Food and Drug Administration. Millions of Americans are receiving vaccine dosages daily to inch the country closer toward herd immunity. Mass vaccination and achieving herd immunity would limit the ability of the virus to spread and develop further mutations [...]

Here's another Section 2(d) opposition involving dueling design marks, this time for overlapping and related auto parts and services. Applicant K2 refers to its mark (on the left) as "an abstract partial body view of a cattle like creature." Opposer Streetcar refers to its mark (on the right) as a "fanciful design of a bison." Confusable? You be the judge. StreetCar ORV, LLC d/b/a American Expedition Vehicles v. K2 Motor Corp., Opposition No. 91248742 (May [...]