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IP Litigation Current

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By: Foley & Lardner LLP

Blog Authors

Andrew M. Gross
George E. Quillin
Kimberly K. Dodd
Molly Hayssen
Richard J. McKenna
Alexander J. Neuworth
Norman J. Rich
William J. Robinson
Nicole M. Chimienti
Kevin M. Littman
Gabriella M. Salek
Justin M. Sobaje
Lindsey N. Birch
Katherine P. Califa
Daniel R. Shelton
Daniel Rose
Bradley Roush
Craig S. Fochler

Latest from IP Litigation Current

IP Litigation Current

Building Distinction in Architectural Trade Dress

By Katherine P. Califa
August 23, 2023

The shape of a building can be registered as inherently distinctive trade dress in the United States – if it is distinctive and unusual for buildings of that type – holds the U.S. Patent and Trademark Office Trademark Trial and…

IP Litigation Current

Full Federal Circuit Set to Consider Changing the Test for Obviousness of Design Patents

By Andrew M. Gross & Gabriella M. Salek
July 7, 2023

Last week, the Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar…

IP Litigation Current

ITC Practice and Procedure: Form of Witness Testimony

By Bradley Roush
January 25, 2023

Over the past five years, five of the six Administrative Law Judges (ALJs) at the International Trade Commission (ITC) have retired and four new ALJs have been appointed. Former Chief Judge Charles Bullock, along with Judges Theodore Essex, Thomas Pender,…

IP Litigation Current

Do We Need a Small Claims Court for Patent Disputes?

By Andrew M. Gross
May 9, 2022

On May 3, 2022, the Administrative Conference of the United States (“ACUS”) announced that the United States Patent and Trademark Office (“USPTO”) had engaged ACUS to conduct an independent study into the issues associated with, and the design of, a…

IP Litigation Current

Choose the Words of Your Design Patent Applications Carefully

By Alexander J. Neuworth
January 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art…

IP Litigation Current

A December to Remember: The Trademark Modernization Act Implemented on December 18, 2021

By Norman J. Rich & Lindsey N. Birch
December 20, 2021

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through…

IP Litigation Current

U.S. Supreme Court to Decide Constitutionality of PTAB Judge Appointments

By George E. Quillin & Daniel R. Shelton
October 13, 2020

The U.S. Supreme Court will hear a case that has dramatic and sweeping implications for proceedings before the Patent Trial and Appeal Board (PTAB). On October 13, 2020, the Supreme Court granted three petitions for writ of certiorari related to…

IP Litigation Current

A Rubric for Design Patent Claim Construction to a “Tee”

By Alexander J. Neuworth & Nicole M. Chimienti
May 18, 2020

Lanard Toys Limited v. Dolgencorp LLC, JA-RU, Inc., Toys “R” US-Delaware, Inc. (Fed. Cir. 2020)
In a recent precedential opinion, the Federal Circuit noted that the district court followed the Federal Circuit’s “claim construction directives to a tee.”  Here, the…

IP Litigation Current

U.S. Supreme Court Rejects Categorical Rule That Trademark Infringement Must Be “Willful” to Award Infringer’s Profits in Romag v. Fossil

By Richard J. McKenna & Lindsey N. Birch
April 24, 2020

Once again, a decision by the Federal Circuit has been overturned by the Supreme Court. In its April 23, 2020, ruling vacating and remanding the decision in Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court resolved a split…

IP Litigation Current

American Rule Prevails; PTO May Not Collect In-House Attorneys’ Fees as “Expenses”

By Molly Hayssen & George E. Quillin
December 12, 2019

In a short opinion issued on December 11, 2019, the Supreme Court rejected the PTO’s recent attempt to collect attorneys’ fees under a little-used provision of the Patent Act. The decision in Peter v. NantKwest (No. 18-801) asked whether…

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