On July 31, 2025, the US Patent & Trademark Office (PTO) issued a memo clarifying the requirements under 37 C.F.R. § 42.104(b)(4) for inter partes review (IPR) petitions. The memo emphasizes that petitioners must clearly...more
The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more
The US Court of Appeals for the Federal Circuit clarified that while applicant-admitted prior art (AAPA) may be cited as evidence of general background knowledge in inter partes review (IPR) proceedings, it cannot serve as...more
7/24/2025
/ Appeals ,
Article III ,
CAFC ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Standing
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence...more
In a unanimous decision, the Supreme Court of the United States vacated and remanded a damages award for willful infringement under the Lanham Act (15 U.S.C. § 1117(a)) in Dewberry Group Inc. v. Dewberry Engineers Inc.,...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
2/27/2025
/ Cross-Border ,
EU ,
France ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Unified Patent Court ,
United States ,
USPTO
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...more
2/20/2025
/ Acquired Distinctiveness ,
Appeals ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Litigation Strategies ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more