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“Government employees are not available to accept private clients”

Patently O

Correll is also a patent attorney and during that time Correll ran his own small firm. ” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations. by Dennis Crouch. Hirshfeld (Fed. 2022) (pending appeal). 18 U.S.C. § 18 U.S.C. §

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

The compact, agreed to in 1953, formed the Waterfront Commission of New York Harbor and granted it broad regulatory and law-enforcement powers over operations at the port. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. 27, 2021, it formally notified New York that it intends to withdraw.

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Law Prohibits All Federal Employees from Representing Private Clients before the USPTO

Patently O

Kevin Correll worked for the US Navy as an engineer, but also moonlighted for years as a solo patent attorney (prosecuting 211 patent applications). That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. The key rule: 18 U.S.C. § distinguishing Van Ee v.

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A few initial thoughts on Loper and the end of Chevron Deference

Patently O

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. ” 5 U.S.C. § Iancu , 138 S.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. rescheduled before the Nov. 10 and Jan. Holcombe v.

Statute 103
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The Battle Over Domicile Disclosure by Trademark Applicants

Patently O

Licensed Attorney for Foreign Trademark Applicants and Registrants, Final Rule, 84 Fed. A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. See Requirement of U.S. 1051(a)(2).

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