Down-Sampled Faces: Federal Circuit Affirms That a Facial Expression Study Was Analogous Art for an Audience Measurement Patent 

NIELSEN COMPANY (US), LLC v. TVISION INSIGHTS, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a Patent Trial and Appeal Board decision finding claims of Nielsen’s U.S. Patent No. 11,470,243, directed to audience measurement using cameras, unpatentable…

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Adding Any Alumina to a Magnesia Carbon Brick Puts It Outside Duty Orders, Federal Circuit Reaffirms 

FEDMET RESOURCES CORPORATION v. US Authored by: Jeremy J. Gustrowky The Federal Circuit has affirmed a decision from the U.S. Court of International Trade holding that the Department of Commerce cannot impose a five-percent alumina threshold to determine whether imported…

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Chinese Wood Flooring Importers Lose Antidumping Appeal After Failing to Preserve Arguments Below 

FUSONG JINLONG WOODEN GROUP CO., LTD. v. US Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed a Court of International Trade decision setting antidumping duties on multilayered wood flooring from China, holding that the appellants forfeited their arguments by…

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Federal Circuit Requires Written Description Support for Provisional Applications to Serve as Prior Art Under the AIA

DENTAL MONITORING SAS v. ALIGN TECHNOLOGY, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit has clarified an important question about when a patent can claim the benefit of its provisional application’s filing date for purposes of qualifying as prior…

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Commerce’s 15-Day Deadline for Sunset Review Participation Survives Court Challenge

ARCHROMA U.S., INC. v. DEPT. OF COMMERCE Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a Court of International Trade decision that had struck down a Department of Commerce regulation requiring domestic interested parties to file a notice of…

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Federal Circuit Unplugs Preliminary Injunction Over Faulty Claim Constructions in Outlet Cover Dispute 

SOCKET SOLUTIONS, LLC v. IMPORT GLOBAL, LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated a preliminary injunction that had barred Import Global from making or selling its Neat Socket product, finding that the district court misconstrued two key…

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From the First Patent to the Next 250 Years: A USPTO Virtual Event Worth Attending

On July 31, 1790, President George Washington signed the very first United States patent, granting inventor Samuel Hopkins protection for an improved process of making potash. That single document, issued just one year after the Constitution took effect, launched what…

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Federal Circuit Reverses $42M Verdict, Finds Stent Patent Anticipated by Chewing Gum Reference 

BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS v. BOSTON SCIENTIFIC CORP. Authored by: Jeremy Gustrowsky The Federal Circuit has reversed a Delaware jury verdict that found Boston Scientific liable for infringing a University of Texas patent covering drug-releasing biodegradable…

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Understanding Current USPTO Trademark Processing Wait Times

If you have recently filed a trademark application or are planning to file one, knowing what to expect in terms of timing can make a significant difference in how you plan your business, marketing, and brand protection strategies. The USPTO…

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Sandwich Panel Roll-Up Door Escapes Preliminary Injunction on Insulated Door Patent

RIDGE CORP. v. KIRK NATIONALEASE CO. Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a preliminary injunction that had blocked a group of trailer parts companies from selling a roll-up truck door accused of infringing an insulated overhead door…

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AI Coding Tools Have Revolutionized Software Development and The Law Is Scrambling to Keep Up

Authored by: Jeremy J. Gustrowsky and Charles P. Schmal Artificial intelligence has fundamentally changed the way software is written, and tools like Claude Code, Cursor, Devin, Windsurf, Lovable, and GitHub Copilot sit at the center of one of the most…

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Minimizing U.S. Patent Filing Fees: A Guide for International Counsel

Authored by: Joshua P. Astin One of the most common questions we receive from foreign counsel is how to reduce U.S. patent filing costs for their clients. The U.S. patent system offers several built-in mechanisms for managing fees, but taking…

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