New Hire

Suiter Swantz IP Welcomes Karen Campbell-Tuttle to the Firm

Karen Campbell-Tuttle Joins Suiter Swantz IP

We are excited to announce that Karen Campbell-Tuttle has joined our team as an Intellectual Property Paralegal. Karen has an associate degree in Legal Administration and brings over 32 years of experience to the firm.

Karen is active in her local horse community and is a Certified member of the Mississippi FEMA Mounted Search & Rescue Team. She also enjoys riding her Harley Davidson.

We are happy to have Karen with us here at Suiter Swantz IP and are thankful for the assets she brings to the table as an employee!

For more information on Karen, refer to our team page


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

 


Suiter Swantz IP Top Patent-issuing Firm in Nebraska: 2022

Suiter Swantz IP Top Patent-issuing Firm in Nebraska.

We are proud to announce that Suiter Swantz IP has been ranked as one of the top patent-issuing firms of 2022 by Harrity Analytics!  Suiter Swantz IP is ranked 156th as measured by the number of patents issued by U.S. Firms in 2022. Suiter Swantz IP is the #1 patent-issuing law firm in Nebraska and Iowa and ranks in the top 10 in the 6-state region, including Colorado, Iowa, Kansas, Missouri, Nebraska, and South Dakota. 

Our patent attorneys and trademark attorneys represent a wide array of clients ranging from startups and individual inventors to multi-billion dollar corporations.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

 


Brand Registries and Trademarks Update

Brand Registries and Trademarks: By Christina D. Ralston & Chad W. Swantz

Registered trademarks have always been critical in growing and protecting brand identities, but with new intellectual property management platforms like Amazon Brand Registry and Walmart Brand Portal, registration is ever more important.

In the last two and a half years, for better or worse, the world has shifted much of its shopping habits to online spaces. In fact, according to a survey published by the U.S. Department of Commerce, retail e-commerce sales now account for roughly 15% of the total retail sales in the United States. Such an increase in online sales represent huge opportunities for vendors, and sites like Amazon and Walmart have made it easier than ever for third parties to sell their products on well-known platforms.

However, with the benefits of e-commerce come its downsides: counterfeits and fake goods. In 2020, Amazon reported blocking 10 billion fake listings on its site and in 2021, the company disposed of more than 3 million counterfeit items. For consumers, this is dangerous: untested and shoddily-manufactured products can pose serious health and safety risks. For vendors, counterfeits can lead to infringement of intellectual property rights, a decrease in customer confidence in a brand, and an overall decrease in sales.

Luckily, in recent years, online retail sites have been working with vendors to help tackle this problem. In 2017, Amazon launched Amazon Brand Registry, a free platform that “gives brands the ability to manage and protect their brand and intellectual property rights on Amazon” by accessing a dashboard with information regarding their brand identity on Amazon. Similarly, Walmart Brand Portal, launched in 2021, allows vendors to manage their brand identity for their Walmart product listings in one convenient place.

On top of these protections, these brand platforms offer other perks. For example, Amazon Brand Registry members are eligible for a variety of services, including, but not limited to: Amazon Stores, which create an online “immersive shopping experience” and on average lead to higher attributed sales per visitor; A+ Content, which allows Amazon stores to enhance product listings with extra text and higher-quality images; and Amazon Brand Analytics, which gives sellers insights into key sales metrics.

Joining these brand platforms is a relatively easy process for sellers. Of critical importance for both Amazon Brand Registry and Walmart Brand Portal is that members must provide a pending or registered and active text- or image-based trademark in order to join. Once registered, sellers can gain the full benefit of these services.

While federal trademark registration has always been critical in growing and protecting brand identities, given the unique opportunities IP management platforms present, the benefits are now even greater. A registered trademark not only legally protects a seller; it also gives them access to an array of tools to improve a seller’s brand and business.

If you are interested in joining either of these platforms or another, but have yet to register your trademark, please contact us via our website or at  (402) 496-0300 and we would be happy to discuss how we can help protect your intellectual property rights.

Authors: Christina D. Ralston and Chad W. Swantz


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

Chad W. Swantz Teaching Patent Law Course at Creighton University School of Law

Chad W. Swantz Teaching Patent Law at Creighton University School of Law.

 

 

Suiter Swantz IP Co-Owner and Patent Attorney, Chad W. Swantz, has been named Adjunct Professor at Creighton University School of Law and is teaching Patent Law at the law school during the 2023 spring semester.

This will mark Chad’s first semester of teaching Patent Law at Creighton University. Chad is eager to teach fundamental patent law principles and practical techniques to his students.  Chad took over the reins from Sean Suiter, who taught Patent Law for 23 years.

Chad holds an undergraduate degree in Electrical Engineering, a Master’s in Business Administration, and received his Juris Doctor from the University of Nebraska College of Law. Additionally, Chad is admitted to the Nebraska Supreme Court and the U.S. District Court of Nebraska and is also registered to practice before the United States Patent and Trademark Office.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patent, trademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

PTAB: Constitutionality and the Arthrex Decision

DeLaney Brink is a technical advisor and law clerk at Suiter Swantz IP. DeLaney received a B.S. in Computer Science and a B.A. in Mathematics from the University of Nebraska-Omaha. She currently attends the University of Nebraska-Lincoln College of Law and is expected to receive her Juris Doctor in May 2023.


In 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”) with the goal of strengthening the United States Patent system. The AIA is the most significant legislative change to the U.S. Patent system since the Patent Act of 1952.

One change brought on by the AIA was the establishment of the Patent Trial and Appeal Board (“PTAB”). The PTAB allows for, among other things, a handful of proceedings to take place, including the ability for members of the public to challenge the patentability of claims in an issued patent. These proceedings include inter partes review, covered business method review (no longer available as of 9/16/2020), post-grant review, and the like. The purpose of these PTAB proceedings was to provide an alternative to litigating in district court.

The PTAB consists of statutory members, such as the Director of the United States Patent and Trademark Office (USPTO), as well as administrative patent judges (APJs). APJs are appointed by the Secretary of Commerce and have extensive legal and scientific abilities.

Since its establishment, many have been critical of the rate at which the PTAB has invalidated thousands of patents, even going so far as to refer to the PTAB as a “death squad”. This has led to many patent owners getting creative in order to shield their patent rights from this body. Interestingly, this desperate fight against the hand of the PTAB has resulting in arguments regarding the constitutional backing of the entity itself to emerge. These constitutional arguments have even found their way to the Supreme Court.

One such argument arose in Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, where the Supreme Court addressed whether inter partes review violates Article III and the 7th Amendment. The appellant argued that the Constitution prohibits the Patent Office from resolving issues of validity post-issuance outside of an Article III Court. The Supreme Court held that inter partes review does not violate Article III or the 7th Amendment, arguing that inter partes review involves public rather than private rights.

Another challenge to the constitutionality of the PTAB came up in New Vision Gaming and Development, Inc. v. SG Gaming, Inc. The appellant argued that the way in which APJs are paid, given bonuses, and controlled by the director violate the right to due process. However, this argument was not evaluated by the Federal Circuit, as the case was vacated and remanded in light of the Arthrex case.

The United States v. Arthrex, Inc is the most recent case in which the Supreme Court addressed a challenge to the constitutionality of the PTAB. The appellant in the Arthrex case raised a constitutional question regarding the way in which APJs are appointed. APJs would have to be inferior officers for their appointment by the secretary of commerce to satisfy the Appointments Clause of the U.S. Constitution. The argument was made that the APJs have so much power that they are classified as principal officers, which in turn means they would need to be nominated by the president and confirmed by the Senate.

The fate of dozens of PTAB decisions on appeal hung in the balance until the Supreme court decided on Arthrex in June of 2021. Ultimately, the Supreme Court agreed that Congress violated the appointments clause with the manner in which the PTAB was set up. The ability of APJs to issue final decisions regarding patentability contradicted their status as inferior officers (e.g., officers not appointed by the president).

All that was left for the Supreme Court to do was decide on a remedy for this Constitutional violation. Leading up to the decision of the Supreme Court, many were left speculating on what type of remedy the Supreme Court might provide if it were found that the PTAB was in violation of the Appointments Clause. The controversial remedy put forth by the Federal Circuit was to eliminate protections against employment termination provided to APJs. Another possible remedy speculated on included requiring the chief PTAB judge to be confirmed by the senate and sign off on PTAB decisions. Some even thought that remedying this violation would be left to Congress, which is what Justice Gorsuch argued in a dissenting opinion. Ultimately, the Supreme Court remedied the Constitutional violation by granting the Director of the USPTO the discretion to review PTAB decisions.

The SCOTUS ruling on the Arthrex case has led many to speculate on how the remedy prescribed will affect the appeal process going forward. One view of this remedy is that allowing the Director of the USPTO to review PTAB decisions may result in greater uniformity and more issues getting resolved before they reach the Federal Circuit. Another view of this remedy is that the granting of power to the USPTO Director will further politicize this position and make the next USPTO Director appointment much more important and possibly controversial.

As of now, the USPTO has given little guidance as to what the Arthrex decision will mean for the appeal process going forward. As of now, an interim measure has been put in place for requesting review by the director. The UPSTO expects to give further guidance going forward.

In the coming years, it is likely that more Constitutional questions will arise with regard to the USPTO’s Patent Trial and Appeal Board. As of now, application and patent owners are left to wonder how Arthrex and future decisions might affect their ability to obtain or maintain patent rights.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.


Getting In The Game With Football-Themed Intellectual Property

It's that time of year again! The long-awaited football season is right around the corner.

Whether you're cheering on a team or just attend football parties for the snacks, intellectual property rights have played a significant role in influencing the game. Read on below to learn more about the classic patents that have helped football become the sport it is today.

Helmet Head Impact Tracking and Monitoring System

In recent years, the NFL has contributed more heavily to medical research for football-related injuries, with a majority of funding going towards concussion research. One popular area of advancement has been the design and implementation of newer, safer helmets and wearable technology.

Inventor Russell Meurer patented a device in 2015 that aimed to detect impacts strong enough to cause a concussion. According to the patent, when a qualifying impact is detected, the device uploads the data to the user and/or a third party and notifies surrounding individuals that the user may have suffered from a concussion and needs to be evaluated. The goal for this device (and other similar technologies) is to detect concussions sooner, so players and coaches can be more proactive in the treatment of concussions.

Electronic Football Capable of Measuring Statistics

No better way to practice your throw than with a football that measures your stats for you! The electronic football calculates various throwing statistics, including speed and the length of time it was in the air. The electronic football includes a start switch with a timer means that starts when the start switch is released when the football is thrown. Upon impact, an impact switch triggers the timer to stop, which provides the total flight time. The product also includes a pressure sensor positioned in the forward section of the football for measuring the air pressure when the football is thrown.

Foldable Stadium Chair

As any seasoned football spectator knows, metal benches can get uncomfortable quickly. Fortunately, Francis H. Chute invented a chair that adds an element of comfort to the hard bleachers and can be secured to any stadium bench seating. This invention has allowed many to enjoy sporting events longer and has helped prevent many sore backsides.

Football Cornhole Board

Sometimes you're not always in the mood for all of the hassles of actually going to a game. Sometimes it's just nicer to have a few friends over to watch the game and play a little backyard cornhole. That's where the football cornhole board comes in handy, providing a simple, classic backyard game while still paying homage to football season.

Football Uniform Pants

Over the years, football players have worn a variety of different pants. This pair was designed to protect a player’s body by inserting padding. While they weren’t considered the most stylish, they have helped paved the way in helping protect players.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

Back To School: History On Back-to-School Supplies

Backpacks are zipped, lunch is packed and now it’s time for your first patent history lesson of the new school year– a brief history of back-to-school supplies.

As you’re gathering school supplies, consider the intellectual property behind them.  Whether it's the crayon sharpener or the flexible ruler, here are some of the patents behind the most beloved classroom necessities.

Crayon Sharpener 

Thanks to this 1958 patent for a crayon box with a built-in sharpener, dull crayons will never be an issue in the classroom. The patent was granted to three employees of Binney & Smith, now known as Crayola LLC, which has been selling crayons since the early 1900s. The 64-color box with the sharpener is so iconic it’s part of the collection at the Smithsonian's National Museum of American History.

Flexible Ruler 

Rulers are as ancient as civilization, with measuring rods excavated from Mesopotamian and Indus Valley archeological sites. This 1902 patent, granted to Frank Hunt of Buffalo, New York, is for the first flexible ruler, which lets users mark straight lines on curved surfaces. It’s a forerunner of the little bendy plastic strips in math classrooms across the country.

Backpacks 

It wasn’t until the mid-20th century that the backpack became a school staple. Before that, students carried books with leather book straps or satchels similar to today’s messenger bags. The backpack’s journey towards the schoolkid classic began in the 1920s when Lloyd “Trapper” Nelson patented a pack based on Inuit sealskin and wood designs he’d encountered when hiking in Alaska. Backpacks got zippers in the 1930s and came out in nylon in the 1960s. Popular backpack brand, JanSport, began marketing a contemporary version to college students in the 1970s. Now, backpacks come in all shapes and sizes and even on wheels.

Magic Markers

The first marker, consisting of an ink-filled tube with a felt tip, was patented in 1910 by Lee Newman.  In 1944, Walter J. De Groft patented a "marking pen" that held ink in liquid form in its handle and used a felt tip. This is the patent that will become a “Sharpie” pen in 1964. The first modern and usable marker pen was Sidney Rosenthal's “Magic Marker” which he invented and started selling in 1953. This marker had a glass tube of ink for a body and a felt wick. Its name comes from the fact that it was able to write on any surface.

 

Although school supplies have changed and evolved through the years, the original designs can still be appreciated today.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

The Importance of the Olympic Games' Intellectual Property

From the Olympic rings to the 2020 Tokyo logo - these identifications create the unique character of the Olympic Games.

People around the world associate the Olympic brand with excellence, teamwork, and unity. Strong intellectual property protections play a critical role in safeguarding this brand for future games, athletes, and consumers.

During Tokyo's bid to host the 2020 Olympic and Paralympic Games, the national government of Japan pledged to the International Olympic Committee (IOC) that they would abide by the Olympic Charter and protect all Olympic-related intellectual properties.

The intellectual properties of the Olympic and Paralympic Games, include the Olympic symbol (the five rings), the Paralympic symbol (agitos), emblems, mascots, images, and sounds. Specific editions of the Olympic Games are also protected, including the city and year word mark ("Tokyo 2020," for example)

However, the five Olympic rings are protected under its own treaty. The Nairobi Treaty on the Protection of the Olympic Symbol "prohibits any appropriate measures" of the use of the symbol for commercial purposes unless authorized to do by the IOC.

Additionally, the IOC registers their trademarks through the WIPO Madrid system.

For the Tokyo 2020 games, the use of these properties are managed by the Japanese Olympic Committee (JOC), the Japanese Paralympic Committee (JPC), and the Tokyo Organizing Committee of the Olympic and Paralympic Games.

As the games kick off, the intellectual property rights within the Olympics ensures its growth and economic development is used for the benefit of the games, the host country, and the participating athletes.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

Celebrating LGBTQIA+ Figures In STEM this Pride Month

As part of June's Pride Month, we're highlighting the contributions that LGBTQIA+ community members have made in the fields of STEM.

Sara Josephine Baker was an American physician known for her contributions in public health.

Sara Josephine Baker 

Sara Josephine Baker's contributions to public health have saved many lives, both during and after her lifetime. To her credit are the inventions of a safe infant formula that enabled women to go back to work, an eye drop system to keep infants from contracting blindness due to gonorrhea, and safety lessons and licenses for midwives to reduce childbirth fatalities. Later in life, she would become the first female graduate from New York University Medical School with a Doctorate.

Ben Barres was an American neurobiologist at Stanford University. His research focused on the interaction between neurons and glial cells in the nervous system.

Ben Barres

Ben Barres was a pioneering neurobiologist at Stanford University. His work and research on glia, a type of brain cell, revolutionized our understanding of the brain. In 2013, Barres became the first openly transgender member elected to the US National Academy of Sciences, which includes many United States’ leading scientists.

While she dedicated her life to coral conservation, Ruth Gates was also the Director of the Hawaiʻi Institute of Marine Biology and the first woman to be President of the International Society for Reef Studies.

Ruth Gates

As a renowned marine biologist and conservationist, Ruth Gates dedicated her life's work to save the world's coral reefs from climate change. She helped develop "super coral," a type of coral that is more resilient to climate change. Additionally, Ruth was the first woman to be named President of the International Society for Reef Studies. Her research lab, Gates Coral Lab, continues to make scientific improvements toward coral conservation.

Allan Cox won numerous awards for his research on plate tectonics. During his career, he was the president of the American Geophysical Union.

Allan Cox

During his career as a geophysicist, Allan Cox helped develop a method to measure the changes in the Earth’s magnetic alignment and the geomagnetic polarity time scale. The method provided a way to test the seafloor spreading hypothesis, which gave some of the first credible evidence to the theory of plate tectonics. Additionally, Allan studied the effect that unrestricted logging can have on soil, streams, and watersheds, resulting in the danger of fires and landslides. His research helped create logging regulations that lessen the impact made on the environment.

In many STEM workplaces, sexual orientation and sexual and gender identity are not common topics of conversation. Due to this, the LGBTQIA+ community receives little attention within the field. In a 2019 survey, 30 percent of LGBTQIA+ scientists said they have considered leaving the STEM field because of a hostile and discriminatory environment. 

To create an environment where the best scientists can flourish, and the best science can be done, we need to ensure that all feel comfortable and that resources are accessible. Doing so won’t just benefit our LGBTQIA+ colleagues but everyone in our workforce. This month and every month, may we all strive to create more inclusive and comfortable environments. 


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

 


Suiter Swantz IP Welcomes Technical Advisor and Law Clerk DeLaney Brink

DeLaney Brink joins Suiter Swantz IP as a technical advisor and law clerk.

DeLaney Brink holds a B.S. in computer science and B.A. in mathematics from the University of Nebraska-Omaha. DeLaney currently attends the University of Nebraska College of Law and is expected to receive her Juris Doctor in May 2023.

Additionally, DeLaney is an Outreach Coordinator for the Nebraska Christian Legal Society and was selected to be a member of the Phi Delta Alpha Legal Fraternity and the Student Bar Association.

Originally from Colorado, DeLaney enjoys exploring Nebraska in her free time. She also spends time taking her dog on adventures and relaxing with her loved ones.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.

Celebrating National Inventor's Month

The work of inventors has shaped our society, fueled our economy and improved our lives. National Inventor's Month is observed each year in May and was founded as a way to promote the positive image of inventors and the contributions they make.

The United Inventors Association of the USA, The Academy of Applied Science and Inventors’ Digest magazine first founded the month-long celebration in 1998. With only about 7 percent of inventors under the age of 26, Suiter Swantz IP is highlighting a few that are helping pave the way for the future of innovation and technology.

Kylie Simonds

An 11-year-old's fight with cancer led her to create a life-changing device for kid's battling pediatric cancer. After Kylie was diagnosed with rhabdomyosarcoma, a connective tissue cancer, she was inspired to create a pediatric IV backpack: a wearable, portable IV machine for kids receiving chemotherapy or transfusions.

Kylie's creative backpack design was entered into the Connecticut Invention Convention in 2014. At the convention, her invention won the Patent Award, which allowed her design to be sent to the U.S. Patent and Trademark Office. 

Her product can hopefully provide mobility, independence and freedom to pediatric oncology patients. Right now, Kylie is working toward creating a prototype for the product.

Anurudh Ganesan

In developing countries, having a vaccine available isn't always enough. When vaccines are being transported between cities and rural towns, the vaccines risk losing their effectiveness as their temperature changes.

At the 2015 Google Science Fair, the 15-year-old won the LEGO Education Builder Award for VAXXWAGON, a portable refrigeration system. The system can keep consistent temperature while being pulled by people or animals.

Kenneth Shinozuka 

Kenneth Shinozuka created the SafeWander button, an invention that prevents falls and injuries from patients or elderly relatives. The button clips onto clothes and monitors activity through a mobile app. The data collected is stored through the app and can be used as real-time updates on the patient's condition.

The product won Shinozuka $50,000 and the Scientific American Science in Action Award in 2014. He was also selected as a finalist in the Google Science Fair that same year, at just 15 years old.

Today, he's the founder of SensaRx, a start-up focusing on integrated healthcare technology.

 

Riya Karumanchi 

At 14-years-old, Riya engineered a device called the SmartCane to be used for those visually impaired. The cane can sense wet surfaces and other obstacles, vibrating to alert the user to treacherous situations. GPS navigation gives directions using patterned vibration and audio. Additionally, an emergency button acts as a lifeline to emergency responders.

Riya is now 16 and the SmartCane effort has more than $83,000 in funding. Riya's team hopes to one day distribute the product through the Canadian National Institute for the Blind.

These young innovators, are using their imaginations to invent new solutions to problems faced by people around the world. As National Inventors Month comes to a close, Suiter Swantz IP commends youth participation in STEM.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.


Suiter Swantz Welcomes Intellectual Property Paralegal Sally Strobel

Sally Strobel joins Suiter Swantz IP as an Intellectual Property Paralegal.

Sally holds a Bachelors of Science in Criminal Justice with minors in Business Administration and Psychology from the University of South Dakota. Additionally, Sally has an Associates Degree in Paralegal Studies.

Sally has worked in several fields of law and has extensive experience as a paralegal. Prior to joining Suiter Swantz IP, Sally worked for a large IP management and technology company.

When she’s not working, Sally enjoys working with and riding horses, fishing, and traveling with her husband.


Suiter Swantz IP is a full-service intellectual property law firm providing client-centric patenttrademark, and copyright services. If you need assistance with an intellectual property matter and would like to speak with one of our attorneys, please contact us at info@suiter.com.