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McDermott Will & Emery

Hatch-Waxman or Not, Clinical Trials Aren’t Subject to Injunction

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Analyzing the permissible scope of an injunction under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit reversed the district court’s prohibitions on an open-label extension (OLE) of a then-running...more

McDermott Will & Emery

No Article III Appellate Standing Under the Sun

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The US Court of Appeals for the Federal Circuit dismissed Incyte’s appeal of a Patent Trial & Appeal Board decision, holding that a disappointed validity challenger lacked appellate standing to challenge the Board’s final...more

McDermott Will & Emery

Clickbait: Actual Scope (Not Intended Scope) Determines Broadening Reissue Analysis

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The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s rejection of a proposed reissue claim for being broader than the original claim, denying the inventors’ argument that the analysis...more

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Mayer Brown

Non-Traditional Trademarks

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In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to...more

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

McDermott Will & Emery

Designated Informative: PTO Director Declines IPR Institution Following District Court § 101 Invalidation

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The US Patent & Trademark Office (PTO) designated a recent Director Review decision as informative, signaling its significance for future proceedings. The decision emphasizes that a final district court ruling invalidating a...more

McDermott Will & Emery

Breaking New Grounds to Limits of IPR Estoppel

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In a matter of first impression, the US Court of Appeals for the Federal Circuit found that inter partes review (IPR) estoppel does not preclude a petitioner from relying on the same patents and printed publications as...more

Eversheds Sutherland (US) LLP

Commercially Connected Shorts - 14 May 2025

Welcome to Commercially Connected shorts, our weekly bitesize newsletter summarising the latest updates in UK commercial law. This week we look at: - UK-US and UK-India trade deals - Eversheds Sutherland’s global supply...more

McDermott Will & Emery

False Connection: Post-Application Date Evidence Can Be Considered

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence...more

Morgan Lewis

Public Use and Estoppel Reexamined: Strategic Lessons from Ingenico

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This LawFlash details strategic takeaways and practical lessons from the recent US Court of Appeals for the Federal Circuit case on IPR estoppel, evidence of public use, and jury instructions on specific issues....more

Farella Braun + Martel LLP

Trademark Applications Filed on an Intent-To-Use Basis Can Be Vulnerable To Challenge

In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to use the mark in commerce.” 15 U.S.C. § 1051(b). Assuming there is nothing on the face...more

Fish & Richardson

No Space at the Trademark Office for US SPACE FORCE

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In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more

Kaufman & Canoles

AI and Copyrights

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Hours before the Register of Copyrights, Shira Perlmutter, was unceremoniously fired, the U.S. Copyright Office published long-awaited guidance on the use of copyrighted content for training artificial intelligence (AI)....more

Patterson Belknap Webb & Tyler LLP

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

WilmerHale

Federal Circuit Provides Guidance on Scope of IPR Estoppel

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In its recent decision in Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit affirmed the district court’s decision to allow Ingenico to introduce certain prior art at trial, finding that inter partes review (IPR) estoppel...more

EDRM - Electronic Discovery Reference Model

[Webinar] Down the Rabbit Hole: Navigating IP Theft Investigations - May 29th, 1:00 pm - 2:15 pm ET

Step into Wonderland and ensure you’re equipped to handle intellectual property theft investigations by seeing the entire picture of what’s on employee’s devices — even deleted data. Take a Curious Stroll Through the...more

Bennett Jones LLP

From Agriculture to Autos: What Right to Repair Means for Business

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In a significant development for farmers and the agricultural industry, amendments made last year to the Canadian Copyright Act have introduced new exemptions related to the right to repair and digital interoperability. These...more

Jenner & Block

Client Alert: US Copyright Office Releases “Pre-Publication Version” of Report on Copyright Issues in Generative AI Training

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On May 9, 2025, the US Copyright Office released a “pre-publication version” of Part 3 of its report on Copyright and Artificial Intelligence (the Report). This much-anticipated Report focuses on use of copyrighted works in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Space Industry’s Legal Landscape: Developing Robust Intellectual Property Portfolios

As private industry and government entities increasingly venture into space, securing IP rights for space-related innovations has become a critical consideration. The global space industry is projected to generate more than...more

WilmerHale

Use of Software by Divested Business After Spinout Brings $80,000,000 Lawsuit

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As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more

Ervin Cohen & Jessup LLP

Kadrey v. Meta: The First Major Test of Fair Use in the Age of Generative AI

On May 1, 2025, a federal courtroom in San Francisco became ground zero for one of the most consequential copyright hearings in recent memory. The three hour hearing in Kadrey v. Meta Platforms marked the first major judicial...more

Wiley Rein LLP

DoD Releases Long-Awaited Intellectual Property Guidebook for Acquisition

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WHAT: The U.S. Department of Defense (DoD) recently released its long-anticipated Intellectual Property Guidebook for DoD Acquisition – the culmination of years of internal effort to standardize the Department’s approach to...more

McDonnell Boehnen Hulbert & Berghoff LLP

What Do Changes to Palworld Mean for the PocketPair/Nintendo IP Dispute?

I have been following and writing about the ongoing legal battle between Nintendo / The Pokémon Company and PocketPair over PocketPair’s popular video game Palworld. This past week, PocketPair published a blog post addressing...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Patent Term Extension for Reissued Patents is Calculated Using the Original Patent’s Issue Date Where the...

The Federal Circuit recently affirmed a district court’s holding that patent term extension (PTE) for a reissued patent was properly based on the issue date of the original patent and not that of the reissued patent. The...more

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