During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce. This…
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/ Commercial Law & Contracts, Intellectual Property, International Law & Trade
Takeaways:
- Claim construction for determining whether reissue claims are improperly broadened is based on fundamental claim construction cannons and not applicant intentions.
- Patent Owners should check patented claims…
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/ Administrative Law, Civil Procedure, Intellectual Property
Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert…
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/ Civil Procedure, Commercial Law & Contracts, Intellectual Property
Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes, and…
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/ Administrative Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology
Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy…
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/ Administrative Law, Art, Entertainment, & Sports Law, Business Torts, Intellectual Property
As private industry and government entities increasingly venture into space, securing IP rights for space-related innovations has become a critical consideration. The global space industry is projected to generate more than $1.8…
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/ Intellectual Property, International Law & Trade, Science, Computers, & Technology
On May 7, 2025, the Federal Circuit issued a precedential decision in Ingenico Inc. v. IOENGINE, LLC that narrows the scope of inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(2), resolving a longstanding district…
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/ Civil Procedure, Intellectual Property
Pop icon Lady Gaga is no stranger to making waves, but a new lawsuit initiated by California-based surfboard company Lost International (aka Lost Surfboards), shows that even superstars can find themselves navigating choppy…
more
/ Art, Entertainment, & Sports Law, Commercial Law & Contracts, Intellectual Property
Owners of U.S. trademark registrations issued in 2018 or 2019 will be facing an initial maintenance filing deadline this year (either a Section 8 or Section 71 Declaration of Use), and will need to take note of a new rule that…
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/ Administrative Law, Intellectual Property
Requesters should make sure to double cite to non-provisional and provisional if they require a provisional filing date for prior art…
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/ Intellectual Property
Estoppel certification in reexamination prevents relitigation of resolved issues…
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/ Intellectual Property
On April 25, 2025, the USPTO issued additional information in response to frequently asked questions (FAQs) about the “Interim Processes for PTAB Workload Management” memorandum issued on March 26, 2025. As discussed in our…
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/ Administrative Law, Civil Procedure, Intellectual Property
Houston, we fixed it. When an oxygen tank exploded during the Apollo 13 mission, the crew resorted to plastic covers from manuals and duct tape to return home. Now, the International Space Station has 3D printers capable of…
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/ Intellectual Property, Science, Computers, & Technology
On Friday, April 18, 2025, the Federal Circuit addressed a question of first impression regarding the validity of certain machine-learning patents under Section 101 in Recentive Analytics, Inc. v. Fox Corp., et al., 2023-2437…
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/ Intellectual Property, Science, Computers, & Technology
Recent changes at the U.S. Patent Trial and Appeal Board (PTAB) have brought uncertainty to inter partes review and post-grant review practitioners before the U.S. Patent and Trademark Office (PTO). These procedural and…
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/ Administrative Law, Civil Procedure, Intellectual Property
