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Acting Director Stewart Issues PTAB Assessment Procedures Where Claims Challenged in AIA Trials, or Substantially Similar Claims, Have Already Been Adjudicated Post-Issuance.
Accused Infringer Becomes Prevailing Party After Sanction Erases “Out” From Patentee’s Voluntary Dismissal “Without” Prejudice.

August 13, 2025

IPR Petitions Filed on or After September 1, 2025, Must Comply With 37 C.F.R. § 104(b)(4), Permissible Uses of “General Knowledge” Limited Says Acting Director Stewart

July 30, 2025

Federal Circuit Provides Further Guidance on Using Applicant Admitted Prior Art (“AAPA”) in Inter Partes Review (“IPR”)

June 11, 2025

Federal Circuit Adopts “Milwaukee Test” for Determining Genericness of Color Marks

April 24, 2025

Nixon & Vanderhye Litigation Duo and Team Are Two-For-Two with Favorable Outcome in Second Walker Process Fraud/Sham Litigation Antitrust Lawsuit Against Scientific Games (Light & Wonder)

April 14, 2025

Two Recent Federal Circuit Decisions Provide Important Guidance on the Economic Prong of the Domestic Industry Requirement in Section 337 Investigations.

March 20, 2025

The Award of “Defendant’s Profits” Under 15 U.S.C. § 1117(a) of the Lanham Act is Confined to Profits Ascribable to the Named Defendant Itself

March 20, 2025

Is a Voluntary Dismissal Without Prejudice Under Rule 41(a) of the Federal Rules of Civil Procedure a “Final Proceeding” Under Rule 60(b)?

January 22, 2025

Federal Circuit Addresses Functionality and Unclean Hands in Decision Affirming Cancellation of Trademarks for the Pink Color of Ceramic Hip Implant Components.

December 23, 2024

When Attorneys’ Fees and Costs Under 35 U.S.C. § 285 are Awarded to a Party, Can Additional Sanctions, Like Deterrence Sanctions, Be Imposed Under the Court’s Inherent Power?

November 8, 2024

A Party’s False Advertising Statements that it Possesses a Patent on a Product Feature May Give Rise to a Cause of Action Under Section 43 of the Lanham Act

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