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Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. In 2024, the U.S. Patent and Trademark Office (USPTO) and the courts continued to address emerging...more
The United States Patent and Trademark Office (“USPTO”) has announced increases and adjustments of certain trademark official fees, effective January 18, 2025. These changes follow a year-long comprehensive review process and...more
The United States Patent and Trademark Office (USPTO) has implemented significant changes to its trademark filing fee structure, effective January 18, 2025. These changes represent a fundamental shift from the previous...more
This case examines the application of trademark functionality doctrine in the medical device industry, specifically addressing whether the pink color of ceramic hip components can be protected as a trademark. The case...more
The USPTO is restructuring its electronic trademark filing process by replacing the current TEAS Plus and TEAS Standard options with a single streamlined electronic application. Under the new system, the separate fees for...more
The integration of artificial intelligence (“AI”) into legal practice is no longer a future prospect. It’s a reality that many attorneys are facing today. As law firms and legal departments begin to adopt AI tools to enhance...more
Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that that changing a definition has consequences, an apex...more
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing...more
The Patent Trial and Appeal Board granted institution of inter partes review of a patent directed to delivery of targeted television advertisements. The board rejected patent owner’s argument that a lack of particularity as...more
Published Patent Applications Are Prior Art as of the Filing Date, Not the Publication Date - Lynk Labs raises a simple question of statutory interpretation with surprisingly important ramifications: in inter partes review,...more
The Unified Patent Court (UPC) aims to provide expeditious decisions for its litigants. That means that there is a higher bar for obtaining extensions of time. As exemplified in BMW v. ITCiCo, the UPC’s reluctance to grant...more
In a Jan. 10 precedential ruling by the United States Court of Appeals for the Federal Circuit, the validity of the U.S. patent covering Novartis’s blockbuster drug Entresto was upheld, reversing an earlier decision by the...more
In this edition of The Precedent, we outline the recent federal circuit decision in Honeywell Int’l Inc. v. 3G Licensing, S.A. (Fed. Cir. Jan. 2, 2025). The Federal Circuit reversed the Patent Trial and Appeal Board’s (the...more
SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program - As PilieroMazza noted on December 17, 2024, the Small Business Administration (SBA or the Agency) published a...more
Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019. To be eligible for trademark registration, a color must have...more
Every year, the world celebrates the first of January as Public Domain Day, marking the release of copyrighted works into the public domain. In 2024, we saw popular intellectual properties enter the public domain, including...more
Released on January 14, the United States Patent and Trademark Office’s Artificial Intelligence Strategy aims to serve as a guide for the challenges and goals the agency navigates while working toward the full capabilities of...more
The United States Patent and Trademark Office (USPTO) has announced changes to trademark fees, all of which will take effect on Jan. 18, 2025, except for the fees for international applications filed under the Madrid...more
The U.S. Patent and Trademark Office (USPTO) recently released its Fiscal Year 2024 roundup for the Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) proceedings. This comprehensive report provides valuable...more
Significant developments are likely in 2025 in trade secret law, building on major cases and developments in 2024. Here are four areas to watch....more
The PREVAIL Act is now subject to debate before the full Senate. The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more
Whether you’re a startup founder, an innovator, or a multi-national corporation, understanding the strategic importance of patents can transform the way you protect and leverage your intellectual property (IP) portfolio....more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more
Contour IP v. GoPro: Federal Circuit Offers Insight into Alice’s Step One Analysis. In Contour IP v. GoPro, the Federal Circuit reversed a summary judgment order invalidating two of Contour IP’s patents directed to...more