In a recent newsflash, we discussed the USPTO’s withdrawal of its 2022 memorandum that detailed how the PTAB would exercise its discretion to deny petitions for inter partes review and post-grant review. New guidance from the...more
Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more
3/24/2025
/ Appeals ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Intellectual Property Litigation ,
Lanham Act ,
Liability ,
Piercing the Corporate Veil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
On February 28, 2025, the USPTO announced that it was rescinding former Director Vidal’s 2022 memorandum on discretionary denials by the Patent Trial and Appeal Board. The 2022 memorandum effectively narrowed the application...more
The Federal Circuit’s decision in Shaw Indus. Grp., Inc. v. Automated Creel Sys., Inc., 817 F.3d 1293 (Fed. Cir. 2016) raised the possibility that the inter partes review (IPR) estoppel of 35 U.S.C. § 315(e) might not do much...more
FEDERAL CIRCUIT CASES -
PTAB’s Broadest Reasonable Interpretation Standard Affirmed by Fed. Circuit in First Ever IPR Appeal -
On Wednesday, February 4, 2015, the Court of Appeals for the Federal Circuit (CAFC)...more
2/9/2015
/ Appeals ,
Broadest Reasonable Interpretation Standard ,
CAFC ,
CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Cuozzo Speed Technologies ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Trademarks