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,...
Similar Does Not Mean Identical
APEX BANK v. CC SERVE CORP. Before: Hughes, Moore, and Cunningham. Appeal from the Trademark Trial and Appeal Board (the “Board”). Summary: The Board erred by excluding evidence of marks...
The Board Must Provide Reasoned Explanation When Discarding Material, Unrebutted Evidence
CQV CO., LTD. v. MERCK PATENT GMBH Before Cunningham, Chen, and Mayer. Appeal from the Patent Trial and Appeal Board. Summary: The Board erred by failing to explain why it discarded...
Jae Jin Lee and Ryan Newell Recognized by Federal Bar Association for Pro Bono Work
IRVINE, Calif., January 16, 2025 – Knobbe Martens is proud to share that attorneys Jae Jin Lee and Ryan Newell have been recognized for their participation in the Federal Bar...
Estoppel Does Not Apply to Previously Issued Claims
SOFTVIEW LLC v. APPLE INC.
Before Bryson, Lourie, and Reyna. Appeal from the United States Patent and Trademark Office (“PTO”), Patent Trial and Appeal Board (“Board”).
Summary: Estoppel under 37 C.F.R. § 42.73(d)(3)(i) only applies to obtaining new or amended claims in the PTO and does not apply to maintaining already issued claims.
