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Rum Wars: Lanham Act Doesn’t Preclude Judicial Review of PTO Renewal Decisions

The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s ruling, holding that the Lanham Act does not foreclose an Administrative Procedure Act (APA) action for judicial review of the US Patent...more

“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program

The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more

Hit a Nerve? Obviousness Inquiry Must Address Claims at Issue

The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board non-obviousness decision, finding that the context of the proposed combination of prior art in the Board’s obviousness inquiry...more

On the Road Again: Alternative Designs May Impact Trade Dress Functionality Analysis

The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and...more

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