While it may seem like the only constant at the United States Patent and Trademark Office (USPTO) is change, that sentiment rings especially true in 2025. With a new presidential administration in the White House and numerous…
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/ Intellectual Property, Science, Computers, & Technology
On May 21, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, released its opinion in EcoFactor, Inc. v. Google, LLC. In an 8-2 decision, the court reversed a $20 million jury verdict, holding that the Western…
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/ Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
John Squires, President Trump’s nominee for Director of the United States Patent and Trademark Office (USPTO) testified before the Senate Judiciary Committee on May 21, his first hearing since being nominated. Squires’ portions…
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/ Intellectual Property, Science, Computers, & Technology
On May 20, the Department of Health and Human Services (HHS) released further details on its plan to implement President Trump’s May 12 executive order aimed at lowering drug prices by requiring pharmaceutical companies to sell…
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/ Health, International Law & Trade, Science, Computers, & Technology
On Friday, May 16, the U.S. Patent and Trademark Office (USPTO) issued discretionary denial decisions in the first four matters considered under the USPTO’s new interim workload management process…
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/ Intellectual Property, Science, Computers, & Technology
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…
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/ Intellectual Property
On May 12, 2025, President Trump issued an executive order aimed at lowering prescription drug prices titled “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.”
Generally, the order directs the…
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/ Health, International Law & Trade
The first quarter of 2025 saw the International Trade Commission issue the following public orders addressing a wide variety of issues ranging from evaluation of significance for domestic industry to staying remedial orders…
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/ Administrative Law, Intellectual Property, International Law & Trade
In a decision with implications for machine learning-related patent filings, the Federal Circuit in Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), affirmed the District of Delaware’s dismissal…
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/ Communications & Media Law, Intellectual Property, Science, Computers, & Technology
The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks —…
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/ Intellectual Property
Most standard setting organizations require their members to agree to license their standard essential patents (SEPs) on fair, reasonable, and non-discriminatory terms. But there is no bright-line rule for determining whether a…
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/ Intellectual Property
The answer to this inquiry is “yes” — but maybe “no.” Will confidentiality agreements shield any prior art concerns? Once again, maybe “yes” — but maybe “no.” Indeed, do clinical trials constitute an experimental use that does…
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/ Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
Last week, the Patent Trial and Appeal Board (PTAB) issued a list of FAQs related to the new bifurcated process for discretionary denial established in the March 26 memorandum issued by Acting Director Stewart. The FAQs follow…
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/ Intellectual Property, Science, Computers, & Technology
Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing…
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/ Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
In yet another recent example of the need for care in establishing a full record when appealing the denial of a trademark application, on April 14, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of an…
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/ Administrative Law, Intellectual Property
