Prosecution Pointer 198

The U.S. Patent and Trademark Office (USPTO) announced on January 14, 2025, a new Artificial Intelligence (AI) Strategy which provides a vision for how the USPTO can encourage accountable AI innovation.

We are pleased to inform you that the 2019 edition of CLL's Copyright Review is now available.

The Trademark Trial and Appeal Board (TTAB) affirmed the refusal of an intent to use application to register BOSTON STRONG as a service mark for entertainment services related to volleyball and to sporting events in general.

The Board dismissed this petition for cancellation of a 2009 registration for the mark ZEN SPA & Design, shown below, for "Health spa services for health and wellness of the body and spirit offered....

The US Patent and Trademark Office rescinded and replaced previous guidance for examining patent applications for AI-assisted inventions, calling the previous framework inapplicable.

Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case involves complex technology?...

A Kissimmee company is closing its doors after a lengthy patent battle with the maker of the Taser.

The U.S. District Court for the Southern District of New York recently evaluated whether non-licensed images posted to a celebrity gossip news site constitute fair use.

The Digital Millennium Copyright Act provides a crucial framework for protecting copyrighted material online through takedown notices. Understanding how to properly submit DMCA notices...

Caldwell represents Solos Technology Ltd. in a patent infringement lawsuit filed in federal court concerning smart eyewear technologies.

Recent EU and UK court decisions have reshaped the landscape of data protection compliance, clarifying critical boundaries around consent, data subject rights, cybersecurity obligations, and children's privacy. These rulings demonstrate that organizations must move beyond formal compliance to embed proportionality, accountability, and risk-based decision-making into their data processing activities, even when disclosures are legally required or supported by valid legal bases.

The U.S. District Court for the Southern District of New York recently evaluated whether non-licensed images posted to a celebrity gossip news site constitute fair use.

On May 27, 2026, the Superior Court of California held that subdivision (a) of California Penal Code § 638.51 does not apply to software on commercial websites. Plaintiff Brian Blaker sued Defendant NetScout, Inc., alleging the Defendant had violated § 638.51 of the California Invasion of Privacy Act by implementing a software development kit (SDK) on its website.

A Massachusetts district court grants a joint motion to stay proceedings while the parties conduct venue discovery and brief a motion to dismiss or transfer in a patent infringement case between Advanced Surgical Concepts Limited and Intuitive Surgical, Inc. The order establishes specific parameters for discovery scope and briefing schedule before other case deadlines resume.

In this episode of the DeviceTalks Weekly podcast, Mike Jakes discusses why the medical device industry should be watching when the...

In Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019), the Federal Circuit held that the "wherein" clauses in Allergan's method-of-treatment claims are limiting.

In Eli Lilly & Company v. Hospira, Inc., Nos. 2018-2128, 2018-2127 (Fed. Cir. Aug. 9, 2019), the Federal Circuit affirmed the district court's

Judge Friedman stressed to his law clerks the importance of respecting the district or trial court and encouraged them never to refer to it as a "lower" court.

We believe there will be an uptick in IPR filings in the near term.

The Federal Circuit's decision in Ceiva Opco, LLC v. Amazon.com, Inc. offers crucial insights into what makes patent claims abstract versus non-abstract under Section 101. When does claiming concrete structures versus mere functional results determine whether an invention survives Alice step 1 analysis, and how can patent practitioners leverage this guidance to draft more resilient claims?