Protecting Your Ideas: Why Intellectual Property Matters for Startups

As startups embark on their exciting journey, the spotlight typically shines on developing new concepts and marketing strategies. It’s common to put the protection of intellectual property (IP) on the back burner, thinking there will be time for that later.…

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Federal Circuit Clarifies Patent Claim Scope in X-Ray Imaging Dispute

Sigray, Inc. v. Carl Zeiss X-Ray Microscopy, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed the proper interpretation of patent claims relating to X-ray imaging technology, specifically focusing on U.S. Patent No. 7,400,704, owned…

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Consumers Can’t Oppose “Rapunzel” Trademark Registration, Says Federal Circuit

Curtin v. United Trademark Holdings, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that ordinary consumers do not have the right to oppose trademark registrations simply because they dislike the potential marketplace effects. The…

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Federal Circuit Sets New Boundaries for Patent Damages Experts in EcoFactor v. Google

EcoFactor, Inc. v. Google LLC Authored by: Jeremy J. Gustrowsky In a major decision for patent litigation, the Federal Circuit in EcoFactor, Inc. v. Google LLC clarified the standards for admitting expert testimony on patent damages. EcoFactor had sued Google,…

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French Fashion Brand Blocked from Registering “VETEMENTS” as a U.S. Trademark

In re Vetements Grp. AG Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark “VETEMENTS” for clothing and online retail clothing store services. The…

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Understanding Patents vs. Copyrights: Safeguarding Your Creative Ideaslaw

When it comes to protecting your creative ideas, understanding the difference between a patent and a copyright is crucial. A patent is a legal right granted by the government, allowing the inventor to exclude others from making, using, selling, or…

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Who Really Invented CRISPR for Eukaryotic Cells? Federal Circuit Weighs In

Regents of the Univ. of Cal. v. Broad. Inst., Inc Authored by: Jeremy J. Gustrowsky The long-running patent dispute over who first invented the CRISPR-Cas9 gene-editing technology for use in eukaryotic cells—those found in plants, animals, and humans—took another turn…

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Federal Circuit Affirms Refusal to Register “US SPACE FORCE” Trademark Due to False Suggestion of Connection with U.S. Government

In re Foster Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the refusal to register the trademark “US SPACE FORCE” for private use, finding that it would falsely suggest a connection with the United States…

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Standing Roadblock: Incyte’s Patent Appeal Dismissed for Lack of Concrete Plans

Incyte Corp. v. Sun Pharm. Indus., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed Incyte Corporation’s appeal in its patent dispute with Sun Pharmaceutical Industries, Inc., highlighting the strict requirements for Article III standing…

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Patent Invalidity Upheld: Public Use and IPR Estoppel Clarified in Ingenico v. IOENGINE

Ingenico Inc. v. Ioengine, LLC Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit affirmed a jury verdict that found several claims of IOENGINE’s patents invalid, providing important guidance on what counts as “public…

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Patent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope

In re Kostic Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified an important rule for patent owners seeking to broaden their claims through a reissue: what matters is the actual language of the original claims,…

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Court Limits Patent Injunctions on Clinical Trials and FDA Applications in Jazz v. Avadel

Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC Authored by: Jeremy J. Gustrowsky A recent decision in Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC provides important guidance on how far patent owners can go in blocking competitors from conducting…

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