News & Analysis as of

United States Patent and Trademark Office › Intellectual Property Litigation › Appellate Courts

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Knobbe Martens

Argument Forfeited When Raised for the First Time Fourteen Months After an Appeal

Knobbe Martens on

ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART - Before Dyk, Reyna, and Stoll.  Appeal from the United States District Court for the Eastern District of Virginia. A patent applicant forfeited its Appointments Clause...more

McDermott Will & Emery

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

McDermott Will & Emery on

Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

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

2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

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

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...more

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