News & Analysis as of

Appellate Courts United States Patent and Trademark Office

A&O Shearman

Non-Application Of Interference Estoppel By PTAB In An IPR Institution Decision Found To Be Unreviewable

A&O Shearman on

On July 22, 2025, the Court of Appeals for the Federal Circuit concluded that the Patent Trial and Appeal Board’s (the “PTAB”) decision not to apply interference estoppel and, therefore, to institute an inter partes review...more

Proskauer - The Patent Playbook

PTO Defends its Recent Policy Changes Regarding Discretionary Denials

In the past few months, the U.S. Patent and Trademark Office (“PTO”) Acting Director has made substantial changes to the process for, and factors considered in, exercising discretion to deny institution of an inter partes...more

McDermott Will & Emery

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

McDermott Will & Emery

Stylish but Generic: ‘VETEMENTS’ Can’t Dress Up as Trademark

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register the mark VETEMENTS for clothing and related retail services, finding that the mark was generic under the...more

ArentFox Schiff

It’s Not Easy Being Green (If You Are a Color Trademark for Medical Gloves)

ArentFox Schiff on

In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more

Baker Botts L.L.P.

When Can District Courts Cancel Trademark Applications?

Baker Botts L.L.P. on

Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more

Knobbe Martens

Argument Forfeited When Raised for the First Time Fourteen Months After an Appeal

Knobbe Martens on

ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART - Before Dyk, Reyna, and Stoll.  Appeal from the United States District Court for the Eastern District of Virginia. A patent applicant forfeited its Appointments Clause...more

McDermott Will & Emery

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

McDermott Will & Emery on

Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...more

Warner Norcross + Judd

Federal Circuit Affirms the Use of ‘Secret’ Prior Art

Warner Norcross + Judd on

In a recent precedential opinion, the United States Court of Appeals for the Federal Circuit affirmed that a patent application constitutes prior art as of its filing date, not its publication date. In Lynk Labs. Inc. v....more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

Paul Hastings LLP on

The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more

McDermott Will & Emery

You Want Some “Metchup” with That?

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit found no infringement by a large, well-known company that used the registered mark of an individual whose own use was local and generated only a few sales and minimal profits. The...more

Bradley Arant Boult Cummings LLP

High Court to Review Whether Assignor Estoppel Prevents Assignor from Filing an IPR or Relying on a Prior Invalidity Decision

Last spring in Hologic, Inc. v. Minerva Surgical, Inc., the Federal Circuit ruled that the doctrine of assignor estoppel does not prevent an assignor from lodging a validity challenge of either patent in an IPR proceeding. In...more

McCarter & English, LLP

The Third Circuit Shares Some Food For Thought On The Bounds Of Trade Dress Protection

McCarter & English, LLP on

The overall look of a product – including the look of a snack or a treat – may be entitled to intellectual property protection as “trade dress.” But the protection of the overall look of a product as trade dress is neither...more

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