The Federal Circuit's decision on October 20, 2016 in Medtronic Inc. v. Robert Bosch Healthcare Systems reaffirms that it lacks the authority to review PTAB vacaturs of PTAB institution decisions in IPRs.

There are five bases for filing an application for a registration of a trademark in the U.S.: (1) use of a mark in commerce under Section 1(a) of the Lanham Act;

On May 1, 2017, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. that considered the America Invents Act...

On July 24, 2023, the United States Court of Appeals for the Federal Circuit issued a precedential opinion in United Therapeutics Corp. v. Liquidia Technologies, Inc.

The federal law governing trademarks in the United States, the Lanham Act, provides for two separate types of registers for the registration of trademarks with the United States Patent and Trademark

The Supreme Court on June 19, 2017 unanimously ruled that the United States Patent and Trademark Office's (USPTO) denial of a service mark application for the term "The Slants" on the basis...

The United States Patent and Trademark Office ("PTO") published a proposed rule in the Federal Register on October 18, 2016...

In DataTern, a case remanded by the Federal Circuit on claim construction grounds, the patent–in-suit, U.S. Patent No. 6,101,502 ("the '502 patent"), is directed to a method and computer program...

On September 10, 2021, Janet Woodcock, Acting Commissioner of the U.S. Food and Drug Administration (FDA), sent a letter to Andrew Hirshfeld, Director of the U.S. Patent and Trademark Office (USPTO)...

In Rapid Litigation Management v. CellzDirect, Inc., the Federal Circuit vacated and remanded a decision from the Northern District of Illinois invalidating U.S. Patent No. 7,604,929 under 35 U.S.C. § 101 as a patent-ineligible law of nature and lacking an inventive step.

The Federal Circuit provided its latest guidance with respect to prosecution disclaimer in K-fee System GMBH v. Nespresso USA, Inc., 2023 WL 8882383, — F.4th — (Fed. Cir. Dec. 26, 2023).

The Supreme Court has granted a petition for writ of certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. to determine whether invalidation of copyright registrations under Section 411(b) of the Copyright Act ...

During a 2019 Tax Executives Institute conference in Washington, D.C., the Commissioner of the U.S. Internal Revenue Service (IRS), ...

On December 5, 2014, the Court of Appeals for the Federal Circuit in DDR Holdings, LLC v. Hotels.com, L.P., et al. (Docket No. 2013-1505) held that a software patent constituted patent-eligible subject matter under 35 U.S.C. § 101...

In a precedential opinion published on August 10, 2017, the Federal Circuit upheld a TTAB decision that denied registration of the "FIRST TUESDAY" mark due to its merely descriptive nature...

On February 8, 2018, the Federal Circuit vacated portions of a decision from the U.S. District Court for the Northern District of Illinois in Berkheimer v. HP Inc., No. 2017-1437, 2018 U.S. App. LEXIS 3040.

On Friday, August 25, 2023, the U.S. Court of Appeals For The District Of Columbia Circuit affirmed dismissal of an antitrust action brought by the Federal Trade Commission...

On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the "TMA"). The United States Patent & Trademark Office (the "USPTO") recently promulgated rules implementing the...

The patent statue broadly defines patent-eligible subject matter as "any new and useful process, machine, manufacture, or composition of matter" and any improvements.

In a June 11, 2021 decision, Yu v. Apple Inc., a Federal Circuit panel issued a precedential decision, with a dissent, upholding the invalidation of patent claims to a digital camera on a motion to dismiss.