On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), fi...
On December 20th, 2024, the Court of Appeals for the Federal Circuit issued an important decision in Teva Branded Pharmaceutical Products R&D v. Amneal Pharmaceuticals that impacts Orange Book (OB...
Fees for certain trademark filings at the US Patent and Trademark Office (USPTO) will increase on January 18, 2025. Trademark owners may want to file new applications and maintain and renew current re...
The US Patent and Trademark Office (USPTO) has released a final rule implementing increases to various patent fees, effective January 19, 2025. This will impact 433 patent fees, including the introduc...
In a highly anticipated decision in Allergan v. MSN Labs., the Federal Circuit held yesterday that claims in a first-filed, first-issued, later-expiring patent cannot be invalidated for double patenti...
The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence.
Today, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)), which prohibits registration of a mark that “[c]o...
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC, overturning the long-...
The USPTO on May 10, 2024, issued a notice of proposed rulemaking (NPRM) raising the requirements for accepting a Terminal Disclaimer (TD) to obviate obviousness-type double patenting (ODP). Specifica...
On April 23, 2024, the FTC adopted a comprehensive ban on noncompetes. The FTC’s noncompete ban affects both intellectual property protection and employment agreements/procedures. We recommend consult...
Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations
AI-assisted inventions can be patented, provided there is a significant contribution by at least one natural person The USPTO has now published guidance explaining how the determination of inventorshi...