Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders to…
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/ Administrative Law, Intellectual Property, International Law & Trade
On April 22, 2025, the Federal Circuit issued a decision In re: Bonnie Iris McDonald Floyd that underscores a critical and often overlooked risk in design patent prosecution: relying on a utility patent application for priority…
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/ Administrative Law, Intellectual Property
On May 21, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued an en banc ruling in which the court remanded the case for a new trial on damages. In so doing, the Federal Circuit emphasized the role of the court in…
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/ Civil Procedure, Intellectual Property
On April 18, in Recentive Analytics, Inc., v. Fox Corp., which presented a question of first impression, the Federal Circuit held that claims that do no more than apply established methods of machine learning to a new data…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
The recent 2025 fee setting by the USPTO includes not only fee increases, but the introduction of new fees. One of these new fees is the so-called Information Disclosure Statement (IDS) size fees, which adds a range of fees for…
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/ Intellectual Property
On March 24, the Federal Circuit held in In re Riggs that for a published non-provisional patent application to be prior art under pre-AIA 35 U.S.C. § 102(e)(1) based on an earlier provisional filing date, all citations to the…
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/ Administrative Law, Intellectual Property
On February 26, the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously held that an award of “defendant’s profits” under the Lanham Act in a trademark infringement suit is only ascribable to the…
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/ Business Organizations, Civil Procedure, Intellectual Property
On February 10, the Federal Circuit held in Kroy IP Holdings, LLC v. Groupon, Inc. that a final written decision of the Patent Trial and Appeal Board (PTAB) concluding that certain claims are unpatentable does not prevent the…
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/ Administrative Law, Civil Procedure, Intellectual Property
On January 24, in Steuben Foods, Inc v. Shibuya Hoppman Corporation, the Federal Circuit found that Steuben had made a compelling argument that the common law Reverse Doctrine of Equivalents (RDOE) did not survive the 1952…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
On January 27, in Apple Inc. v. Gesture Technology Partners, LLC, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has jurisdiction to conduct inter partes reviews (IPRs) over patents that have expired…
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/ Administrative Law, Civil Procedure, Intellectual Property
On January 14, in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., the Federal Circuit held that a published patent application can be prior art in an inter partes review (IPR) based on the application’s filing date, not the…
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/ Intellectual Property, Science, Computers, & Technology
On January 13, in BearBox LLC v. Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at an…
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/ Civil Procedure, Business Torts, Intellectual Property
Copyright law protects creative works that are “fixed in any tangible medium of expression”—but it is hard to imagine that the drafters of this language envisioned that the human body would become such a popular medium of…
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/ Art, Entertainment, & Sports Law, Intellectual Property
Please join Fitch Even for a free webinar, “Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global,” on Tuesday, October 29, at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 Noon…
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/ Intellectual Property
On August 13, the Federal Circuit, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., held that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring…
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/ Business Organizations, Intellectual Property, Science, Computers, & Technology
