Doubling Down on Frivolous Claims Results in More Fees
ESCAPEX IP, LLC V. GOOGLE LLC Before Taranto, Stoll, and Stark. Appeal from the United States District Court for the Northern District of California. Summary: Additional attorneys’ fees may be...
Ex Parte Reexaminations Are Maintained by the PTO, Not the Petitioner
IN RE: GESTURE TECHNOLOGY PARTNERS, LLC Before Lourie, Bryson, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: The estoppel provision of 35 U.S.C. § 315(e)(1) does not...
When ‘Optimal’ Isn’t Objective: The Pitfalls of Indefinite Claims
Akamai Technologies, Inc. v. MediaPointe, Inc. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit affirmed a...
No Interlocutory Appeals From State’s Bond Order
MICRON TECHNOLOGY INC. v. LONGHORN IP LLC Before Lourie, Schall, and Stoll. Appeal from the United States District Court for the District of Idaho. Summary: Immediate appellate review may be...
No Detours: Plain Meaning Construction Drives Federal Circuit’s Obviousness Affirmance
ETHANOL BOOSTING SYSTEMS, LLC v. FORD MOTOR COMPANY Before Chen, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit confirmed that the Board may...
Battle of the PB&J: Smucker’s Is Crusty Over Trader Joe’s Private Label Sandwich
If you have a kid, or play in the NFL, you are likely familiar with The J.M. Smucker Company UNCRUSTABLES® a pre-made PB&J sandwich. According to The New York Times,...
Gogo Launches 5G Air-To-Ground Network, Amidst Legal Headwinds
Gogo Inc. (NASDAQ: GOGO) announced on December 29, 2025, that its 5G air-to-ground (ATG) connectivity network is ready to serve customers in North America. After successful completion of in-flight testing...
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,...
Identical Inventor Required to Exclude Prior Art
MERCK SERONO S.A. v. HOPEWELL PHARMA VENTURES, INC. Before Hughes, Linn, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: An earlier reference is available as prior art...
FAA Request for Information Related to a New Air Traffic Control Platform
The Federal Aviation Administration (FAA) issued a request for information (RFI) related to “a single, state-of-the art platform for air traffic control called the Common Automation Platform (CAP).” The CAP...
USPTO’s Automated Search Pilot: Through a Biotech Lens
In October 2025, the U.S. Patent and Trademark Office (USPTO) launched the “Artificial Intelligence Search Automated Pilot Program,” or ASAP!, an initiative to identify potential prior art using artificial intelligence...
Patent Exclusivity and Price Controls: Teva v. Kennedy
On November 20, 2025, the D.C. District Court issued its opinion [1] in a lawsuit where Teva Pharmaceuticals USA, Inc. challenged the validity of the Medicare Drug Price Negotiation Program...
Purdue Pharma’s $7.4 Billion Chapter 11 Plan Formally Approved
A federal bankruptcy court on November 18 formally approved Purdue’s $7.4 billion Chapter 11 plan to settle thousands of opioid-related lawsuits. The plan requires (1) a $6.5 billion contribution from...
