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USPTO Reshapes Discretionary Denials for Post-Grant Proceedings

The US Patent and Trademark Office (USPTO) recently issued two memoranda reshaping the Patent Trial and Appeal Board’s (PTAB) approach to discretionary denials for parallel proceedings....more

Federal Circuit Refuses to Extend IPR Estoppel to Unadjudicated Patent Claims

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different...more

USPTO Rescinds Vidal’s 2022 Guidance on PTAB Discretionary Denials

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal’s 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to...more

ITC Substantively Amends its Rules of Practice and Procedure Governing Section 337 Investigations

Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications,...more

IPO Introduces Survey to Steer Future of UK Design Law

On February 25, the United Kingdom (UK) Intellectual Property Office (IPO) launched a survey to collect feedback on potential changes to the UK’s design protection framework. The goal is to ensure that the system remains...more

What You Need to Know: 2025 Updates to EU Design Protection

The European Union (EU) has approved updates to its design protection legislation to modernize the framework and support innovation across member states....more

Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in...more

New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury Verdict

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy...more

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