In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) -
Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office…
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/ Administrative Law, Intellectual Property
Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) -
Introduction -
In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the…
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/ Communications & Media Law, Intellectual Property, Science, Computers, & Technology
The Federal Circuit recently opined on whether a stipulation in litigation can overcome a disclaimer made during the prosecution history of a patent. The Hatch-Waxman Act allows generic drug companies to use clinical results…
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/ Administrative Law, Health, Intellectual Property, Science, Computers, & Technology
In re Entresto, 125 F.4th 1090 (Fed. Cir. 2025) -
After Novartis’ patent on the blockbuster blood pressure medication Entresto was found invalid at the district court for covering technology that was developed after the…
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/ Intellectual Property, Science, Computers, & Technology
Merck Sharp & Dohm B.V. v. Aurobindo Pharma USA, Inc. et al (Fed. Cir. March 13, 2025) -
The Hatch-Waxman Act seeks to strike a balance in the pharmaceutical industry by incentivizing drugs makers to develop innovative drugs…
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/ Administrative Law, Health, Intellectual Property, Science, Computers, & Technology
Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) -
On February 6, 2025, the Second Circuit held that the “articulation requirement” for a trade dress complaint—a pleading…
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/ Civil Procedure, Intellectual Property
Dewberry Group, Inc., FKA Dewberry Capital Corp v. Dewberry Engineers Inc., No. 23-900, 604 U.S. (2025) -
On February 26, 2025, the United States Supreme Court unanimously overturned a $43 million damages award arising out of…
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/ Civil Procedure, Intellectual Property
Lashify, Inc. v. Int’l Trade Comm’n, No. 23-1245, 2025 WL 699368 (Fed. Cir. Mar. 2025) -
On March 5, 2025, the Federal Circuit vacated the International Trade Commission (“ITC”)’s decision and exercised its “independent…
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/ Administrative Law, Intellectual Property, International Law & Trade
Mechanical Licensing Collective v. Spotify USA Inc., Case No. 24 Civ. 3809 (S.D.N.Y. Jan. 29, 2025) -
On January 29, 2025, the Southern District of New York dismissed a lawsuit filed against Spotify for allegedly failing to…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property
Over the course of 2024, the patent law landscape has continued to evolve as significant court rulings and emerging technologies shaped its direction. During 2024, activities at the Supreme Court, the Federal Circuit, various…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
Steuben Foods, Inc. v. Shibuya Hoppmann Corp., No. 23-1790 (Fed. Cir. 2025) -
On January 24, 2025, the Federal Circuit considered the “long mentioned but rarely applied” reverse doctrine of equivalents (“RDOE”) defense. The…
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/ Civil Procedure, Intellectual Property
The Federal Circuit recently addressed a deceptively straightforward question: does a published U.S. patent application qualify as prior art as of the application’s filing date in inter partes review (“IPR”) proceedings? Lynk…
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/ Intellectual Property, Science, Computers, & Technology
Bureau Nat'l Interprofessionnel du Cognac v. Cologne & Cognac Ent., 110 F.4th 1356 (Fed. Cir. 2024) -
In trademark disputes, the likelihood of confusion analysis—guided by the DuPont factors—is a balancing test with the fame…
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/ Intellectual Property
CeramTec v. Coorstek Bioceramics, Case No. 2023-1502 (Fed. Cir. Jan. 3, 2025) -
Colors are generally permitted as source identifiers for trademarks or trade dress because they are typically perceived as an ornamental feature…
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/ Intellectual Property, Science, Computers, & Technology
It’s December, and everywhere you go, the streets and stores are awash in seasonal décor, and holiday products and Christmas programming are glistening in your eyes once again. In the spirit of the season, we have compiled…
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/ Intellectual Property
