In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the…
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/ Intellectual Property
“I love reality TV!” Cue the eyerolls. For many, admitting to watching reality TV is often done begrudgingly or dismissed as a “guilty pleasure.” But why the stigma? Reality television has it all: drama, competition, social…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property
Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes, and…
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/ Intellectual Property
In the United States, a plaintiff must have standing to bring suit in U.S. courts. For patent cases, this means that for a plaintiff to have constitutional standing, the plaintiff must show that it has “an exclusionary right in…
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/ Commercial Law & Contracts, Constitutional Law, Intellectual Property
Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property
On June 6, 2025, Acting USPTO Director Stewart issued a decision in iRhythm Tech. v. Welch Allyn, Inc., IPR2025-00363, Paper 10 (and four related IPRs), which granted Patent Owner’s request for discretionary denial. This is the…
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/ Administrative Law, Intellectual Property
During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce. This…
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/ Commercial Law & Contracts, Intellectual Property, International Law & Trade
Takeaways:
- Claim construction for determining whether reissue claims are improperly broadened is based on fundamental claim construction cannons and not applicant intentions.
- Patent Owners should check patented claims…
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/ Administrative Law, Civil Procedure, Intellectual Property
Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert…
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/ Civil Procedure, Commercial Law & Contracts, Intellectual Property
Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes, and…
more
/ Administrative Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology
Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy…
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/ Administrative Law, Art, Entertainment, & Sports Law, Business Torts, Intellectual Property
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 $1.8…
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/ Intellectual Property, International Law & Trade, Science, Computers, & Technology
On May 7, 2025, the Federal Circuit issued a precedential decision in Ingenico Inc. v. IOENGINE, LLC that narrows the scope of inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(2), resolving a longstanding district…
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/ Civil Procedure, Intellectual Property
Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy…
more
/ Art, Entertainment, & Sports Law, Commercial Law & Contracts, Intellectual Property
Owners of U.S. trademark registrations issued in 2018 or 2019 will be facing an initial maintenance filing deadline this year (either a Section 8 or Section 71 Declaration of Use), and will need to take note of a new rule that…
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/ Administrative Law, Intellectual Property
