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Federal Circuit Upends Some IPRs in Holding Appointment of Administrative Patent Judges Unconstitutional

The Appointments Clause in Article II of the Constitution requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. Many of us are familiar with this process as it applies...more

Son of Tam: Supreme Court Strikes Down Lanham Act Section 2(a) For "Immoral" and "Scandalous" Marks

In our prior blog entries... we followed the course of Matal v. Tam, the case involving the mark “THE SLANTS.” In that case, the Supreme Court struck down a portion of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), on...more

Implications of SCOTUS Opinions on Constitutionality, Scope of Inter Partes Reviews

The Supreme Court recently handed down two highly anticipated decisions concerning inter partes review (IPR) challenge proceedings in the Patent Trial and Appeal Board (PTAB). In Oil States Energy Services, LLC v. Greene’s...more

Of Slants, Skins, And Signs: Section 2(a) Prohibition of Disparaging Trademark Registrations Struck Down!

Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. ...more

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