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...
Director Discretion: A Sotera Stipulation Does Not Mandate Institution
In Re MOTOROLA SOLUTIONS, INC. Before Dyk, Linn, and Cunningham Summary: The PTO Director has unreviewable discretion to deny institution of IPR proceedings in view of parallel proceedings, even when...
Nothing Unusual With Recusal Refusal
Centripetal Networks, LLC, v. Palo Alto Networks, Inc. Before Moore, Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Despite affirming the denial of Centripetal’s recusal motion...
Litigation Update | October 2025
Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing Jacob R. Rosenbaum & Jordan A. DeOrio US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Lourie, Reyna,...
Knobbe Martens Secures TTAB Victory for BW Essentials LLC in Trademark Opposition Over “TROOMY” Brand
IRVINE, Calif., October 22, 2025 – A team from Knobbe Martens successfully represented BW Essentials LLC, maker of Troomy Nootropics supplements, in a contested trademark opposition before the U.S. Patent...
$10 Million to $1: Exclusion of Damages Expert Results in Nominal Damages for Surgical Stapler Patent Infringement
REX MEDICAL, L.P. v. INTUITIVE SURGICAL, INC. Before Dyk, Prost, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Damages testimony was excluded for failing...
Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing
US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Lourie, Reyna, and Stark. Appeal from the United States District Court for the District of Columbia. Summary: Appellants who...
Litigation Update | September 2025
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity Justin J. Gillett & Susan E. Pratt, Ph.D. IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from...
PTAB Update | August 2025
No Shenanigans: IPRs and Interference Estoppel Jacob R. Rosenbaum & Alistair J. McIntyre IGT v. ZYNGA INC. Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board (PTAB). Summary: Interference...
The Consequences of Converting Voluntary Dismissals
FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION Before Reyna, Bryson, and Stoll. Appeal from the United States District Court for the Western District of Texas. Summary: The district court’s...
Litigation Update | August 2025
An Examiner’s Allowance Does Not Create an “Especially Weighty” Presumption of Written-Description Support Justin J. Gillett & Alex Martin del Campo MONDIS TECHNOLOGY LTD., HITACHI MAXELL, LTD., NKA MAXELL HOLDINGS, LTD., MAXELL,...
Dozens of Knobbe Martens Lawyers Featured in “Best Lawyers” 2026 Guide
IRVINE, Calif., August 21, 2025 – Knobbe Martens is pleased to share that dozens of the firm’s lawyers, representing a range of practice areas and offices across the country, have...
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...
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...
An Eye Toward Prosecution History
EYE THERAPIES, LLC v. SLAYBACK PHARMA LLC Before Taranto, Stoll and Scarsi (sitting by designation). Summary: The patent’s prosecution history required a restrictive interpretation of the term “consisting essentially of.”...
No Injury, No Appeal: Patent Owners Must Show Actual Injury for Article III Standing
DOLBY LABORATORIES LICENSING CORPORATION v. UNIFIED PATENTS, LLC Before Moore, Clevenger and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner lacks Article III standing to...
The Votes Are In: Highly Descriptive Marks Are Difficult to Protect
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: Continuous-use evidence is not necessarily prima facie evidence of acquired...
No Error: The Board Committed No Procedural Error by Relying on Evidence Outside of the Prior Art Reference
SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: The Board did not...
Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: A utility patent may...
Zoned Out: The Zone of Natural Expansion Doctrine Can Only Be Used Defensively
DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] Before Prost, Taranto, and Hughes. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: The...
Inaction Can Lead To Argument Forfeiture on Appeal
ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board Summary: A party in a PTAB proceeding forfeits the ability to challenge an...
