Navigating Consent Agreements: Lessons from In re Ye Mystic Krewe of Gasparilla
In October 2025, the Trademark Trial and Appeal Board (“Board”) issued a precedential opinion that offers lessons on the limits of consent agreements in overcoming likelihood of confusion (section 2(d))...
Federal Circuit Affirms LeBron’s Priority in Marks I AM MORE THAN AN ATHLETE Based on Valid Assignment of Common Law Rights
Game Plan, Inc. (“Game Plan”), a nonprofit organization that supports student‑athletes in underserved communities, appealed a decision of the Trademark Trial and Appeal Board (“TTAB”) to the Federal Circuit (see...
U.S. Considering Tariffs on Med Device Imports; Trade Groups Push Back
The Commerce Department is investigating whether imports of personal protective equipment (PPE), medical consumables, and medical devices and equipment have national security implications that may warrant trade action, such as...
(Intend To) Use It or Lose It: Proving Bona Fide Intent Before the TTAB
In a precedential opinion issued in September 2025, the TTAB sustained the opposition of the mark, HOTEL EL ROBLAR, for hotel services in class 43, agreeing with the opposer that...
Proposed Legislation to Codify “Skinny Label” Safe Harbor
On December 5, 2025, the Skinny Labels, Big Savings Act (H.R. 6485) was introduced in the House of Representatives. The bill, if enacted, would shield certain drug manufacturers who have...
DARPA Announces “Lift Challenge,” Seeking Drone Designs With High Payload-To-Weight Ratios
DARPA (Defense Advanced Research Projects Agency) issued a challenge, the DARPA Lift Challenge, in October 2025 to develop novel drone designs that have greater payload-to-weight ratio. DARPA, which is the...
Abbott to Expand Its Cancer Diagnostic Segment
Abbott recently announced that it agreed to acquire Exact Sciences for approximately $21 billion to enter the fast-growing cancer diagnostic segment. Under the terms of the agreement, Abbott will acquire all outstanding shares of...
Boeing Completes Acquisition of Spirit Aerosystems With IP Divestiture
Boeing announced on December 8, 2025, that it had completed its acquisition of Spirit AeroSystems. The deal is valued at $4.7 billion, or $8.3 billion including the assumption of debt....
Life Science Considerations on the USPTO’s New Guidelines for AI-Assisted Inventorship
On November 26, 2025, the United States Patent and Trademark Office (USPTO) issued revised guidelines for determining inventorship of AI-assisted inventions,[1] which is a significant development in life science innovations,...
