The International Trade Commission (ITC) is an independent U.S. federal agency that oversees issues including IP enforcement, anti-dumping, and tariffs. A finding of infringement at the ITC can result in exclusion orders and…
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/ Administrative Law, Intellectual Property, International Law & Trade
As part of its ongoing effort to stop scammers from third-party trademark applications and registrations, the USPTO has enhanced security of the Change Address or Representation (CAR) forms by adding authorization requirements…
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/ Administrative Law, Intellectual Property
Many reality TV stars leverage their on-screen exposure to build brands of their own. While some focus on launching branded product lines (e.g. Kylie Cosmetics in beauty or Loverboy in alcoholic beverages), others, such as Paris…
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/ Art, Entertainment, & Sports Law, Commercial Law & Contracts, Intellectual Property
The estoppel provision of 35 U.S.C. § 315(e)(1) had largely prevented requesters from challenging claims of a patent via ex parte reexamination after an inter partes review (IPR) that resulted in a final written decision (FWD)…
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/ Administrative Law, Civil Procedure, Intellectual Property
Obvious-type double patenting (ODP) has historically served as a tool to prevent patent owners from extending exclusivity beyond the statutory allowed patent term and to tie patent families together during sale. Historically,…
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/ Administrative Law, Constitutional Law, Intellectual Property
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the…
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/ Administrative Law, Civil Procedure, Intellectual Property
2025 Summer Associate Wade Marshall contributed to this article.
Recently, two Northern District of California decisions revealed fault lines in the forming fair use terrain for GenAI copyright infringement actions. Both…
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/ Intellectual Property, Science, Computers, & Technology
As the Patent Trial and Appeal Board and the Acting USPTO Director refocus challengers, and with them Patent Owners, towards reexamination from inter partes review proceedings, the need to understand the nuance of “new” in the…
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/ Administrative Law, Intellectual Property
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the…
more
/ Intellectual Property
“I love reality TV!” Cue the eyerolls. For many, admitting to watching reality TV is often done begrudgingly or dismissed as a “guilty pleasure.” But why the stigma? Reality television has it all: drama, competition, social…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, 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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/ Intellectual Property
In the United States, a plaintiff must have standing to bring suit in U.S. courts. For patent cases, this means that for a plaintiff to have constitutional standing, the plaintiff must show that it has “an exclusionary right in…
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/ Commercial Law & Contracts, Constitutional Law, Intellectual Property
Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property
On June 6, 2025, Acting USPTO Director Stewart issued a decision in iRhythm Tech. v. Welch Allyn, Inc., IPR2025-00363, Paper 10 (and four related IPRs), which granted Patent Owner’s request for discretionary denial. This is the…
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/ Administrative Law, Intellectual Property
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
