Will the Bankruptcy of “Forever 21” Strengthen IP Rights?
For the second time since its founding in 1984, the fast-fashion movement leader, Forever 21, has filed for bankruptcy and is expected to close its over 350 U.S. locations and...
New 3D-Printable Titanium Alloy to Combat Climate Change
Pure titanium and titanium alloys, including Ti-6Al-4V, are used in aerospace applications for forming airframes and engine parts because of their light weight, high strength, and resistance to corrosion. However,...
Derivation ≠ Interference: First to File Keeps Rights if Conception Was Independent
GLOBAL HEALTH SOLUTIONS LLC v. SELNER Before Stoll, Stark, and Goldberg (sitting by designation). Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit affirmed the Board’s rejection...
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and...
Firefly Aerospace Soars in $6.3 Billion IPO as Space Tech Investment Accelerates
Firefly Aerospace, Inc. (NASDAQ: FLY) completed one of 2025’s largest space technology initial public offerings (IPO) on August 7, 2025. Firefly priced its shares at $45 and closed its first...
3-2-1 Blast Off: US Space Force Trademark Dispute Aims for the Supreme Court
The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders,...
Application of Safe Harbor Exceptions to the Anti-Kickback Statute
On August 7, 2025, the Office of the Inspector General (“OIG”) issued Advisory Opinion 25-09 (“Advisory Opinion”) providing a favorable opinion regarding remuneration to physicians with an ownership interest in a medical device manufacturer....
One Name, Two Claims: Prince’s Estate and Apollonia Clash Over Trademark Rights
Bono, Madonna, Beyoncé, Rihanna, Eminem, Drake, Cher, Sting, Lorde, Flea, Adele, Bjork, Seal, Pink: these celebrities all share the same elite status of fame to be known by a single...
Recent Machine Learning Studies in Medical Imaging Applying FDA Principles
Medical imaging is one of the most promising fields for use of AI tools, as pattern recognition and large data sets can enhance human diagnosis (e.g., by radiologists) or even compete...
Cardiosense Obtains FDA Clearance for Wearable Cardiac Sensor
Cardiovascular disease is a leading cause of death, with over 900,00 deaths reported in the United States in 2023. In this context many companies have pursued products to help diagnose...
Deleted Specification Portions Undermine Claim Construction
FMC Corp. v. Sharda USA, LLC Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania. Summary: The district court erred by construing a claim term based on...
Can § 101 Carry the Weight?
POWERBLOCK HOLDING, INC. v. IFIT, INC. Before Taranto, Stoll, and District Judge Scarsi. Appeal from the United States District Court for the District of Utah. Summary: Under step one of the...
Federal Circuit Lacked Jurisdiction Over a Patent Royalty Dispute
ACORDA THERAPEUTICS, INC. V. ALKERMES PLC Before Taranto, Hughes, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary: The Federal Circuit held...
Federal Circuit Holds District Court Abused Its Discretion by Excluding an Authenticating Witness
JIAXING SUPER LIGHTING ELECTRIC APPLIANCE, CO. v. CH LIGHTING TECHNOLOGY CO., LTD. Before Dyk, Chen, and Hughes. Appeal from the United States District Court for the Western District of Texas....
Proposed FAA Rule to Allow Drone Operations Beyond Visual Line of Sight
The Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) on August 7, 2025, issued a notice of proposed rulemaking (NPRM) related to “drones.” The notice proposes regulations to enable...
No Shenanigans: IPRs and Interference Estoppel
IGT v. ZYNGA INC. Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: Interference estoppel does not apply when the interference was terminated due...
Sunkist Squeezes Out a Win and Kisses Kist Goodbye!
SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: The TTAB incorrectly found that similar trademarks created distinct commercial...
An Examiner’s Allowance Does Not Create an “Especially Weighty” Presumption of Written-Description Support
MONDIS TECHNOLOGY LTD., HITACHI MAXELL, LTD., NKA MAXELL HOLDINGS, LTD., MAXELL, LTD. v. LG ELECTRONICS INC., LG ELECTRONICS USA, INC. Before Taranto, Clevenger, and Hughes. Appeal from the United States...
Eyeing the Prize of the U.S. Patent System, the Trump Administration Proposes Patent Maintenance Fee Overhaul
The Trump administration is considering changing the U.S. patent maintenance fee structure from the existing three fixed flat fees to an annual, value‑based “tax” model where patent holders would pay...
A Launchpad for Startups in the Space Domain: Apollo Accelerator
In 2023, the U.S. Space Force launched the Space Domain Awareness (SDA) Tools, Application, & Processing (TAP) Lab. The SDA TAP Lab aims to accelerate the delivery of space battle...
No Tariffs on Aerospace Products Traded Between U.S. and European Union
On July 27, 2025, the U.S. and EU reached a trade agreement. As part of the agreement, the U.S. will impose a 15 percent tariff “on the vast majority of...
