PTAB Update | December 2025
Director Discretion: A Sotera Stipulation Does Not Mandate Institution Jacob R. Rosenbaum & Sashank Krothapally The PTO Director has unreviewable discretion to deny institution of IPR proceedings in view of...
Aerospace Update | December 2025
FAA Request for Information Related to a New Air Traffic Control Platform Josue A. Villalta & Paige L. Cappelli The Federal Aviation Administration (FAA) issued a request for information (RFI)...
Trademark & Brand Protection Update | December 2025
From Cute to Criminal: The Counterfeit Labubu Crisis in the United States Greg Phillips & Stella B. Haynes Kiehn In the world of designer toys, few characters have captured hearts, and...
Life Science Update | December 2025
Purdue Pharma’s $7.4 Billion Chapter 11 Plan Formally Approved Eric Furman, Ph.D. & Rhett D. Ramsey A federal bankruptcy court on November 18 formally approved Purdue’s $7.4 billion Chapter 11...
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...
