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Constitutional Challenges CAFC

Wiley Rein LLP

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

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On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of...more

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

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To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Epstein Becker & Green

How Big a Deal Is “Trump Too Small”? – SCOTUS Today

Epstein Becker & Green on

The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has...more

Jones Day

Timing Of Arthrex Remands Remains Fuzzy

Jones Day on

The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...more

Polsinelli

The PTAB and the Arthrex Decision: A Constitutional Question

Polsinelli on

The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand,...more

A&O Shearman

Intellectual Property Newsletter - January 2018

A&O Shearman on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Mintz - Intellectual Property Viewpoints

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

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