Blog
Principal vs. Supplemental Register: Choosing the Right Path for U.S. Trademark Protection
April 9, 2026
Authored by: Blake R. Hartz When filing a U.S. trademark application, one of the fundamental decisions applicants face is whether to seek registration on the Principal Register or the Supplemental Register. While many applicants may not be aware that two…
Read MoreStick Figure or Letter X? Trademark Board Decision Upheld in Smoking Products Dispute
April 8, 2026
FUENTE MARKETING LTD. v. VAPOROUS TECHNOLOGIES, LLC Authored by: Jeremy J. Gustrowsky Fuente Marketing Ltd., the family-owned company behind premium Dominican cigars, tried to block Vaporous Technologies, LLC from registering a trademark for use on oral vaporizers. Fuente owns two…
Read MoreNo Standing, No Appeal: Challenger’s Case Dismissed for Failing to Connect Its Products to the Patent Claims That Actually Mattered
April 7, 2026
IRONSOURCE LTD. v. DIGITAL TURBINE, INC. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed an appeal by ironSource Ltd. challenging substitute patent claims approved by the Patent Trial and Appeal Board (PTAB). The case involved…
Read MoreLost Inventor, Lost Patents: Why You Can’t Fix What You Can’t Find
April 2, 2026
FORTRESS IRON, LP v. DIGGER SPECIALTIES, INC. Authored by: Jeremy J. Gustrowsky Fortress Iron, LP learned a costly lesson about inventorship when the Federal Circuit affirmed that two of its patents were invalid because a coinventor could not be located…
Read MoreNo Do-Overs: Refiling a Complaint Won’t Restart the Clock for Mandatory ITC Stays
March 26, 2026
ASCENDIS PHARMA A/S v. BIOMARIN PHARMACEUTICAL INC. Authored by: Jeremy J. Gustrowsky When patent litigation heats up in both the International Trade Commission and federal district court simultaneously, respondents have a statutory right to pause the district court case. But…
Read MoreSupreme Court Says Providing Internet Service to Known Copyright Infringers Isn’t Enough for Liability
March 25, 2026
COX COMMUNICATIONS v. SONY MUSIC Authored by: Jeremy J. Gustrowsky The Supreme Court handed down a major decision on secondary copyright liability, ruling that an internet service provider cannot be held liable for its subscribers’ copyright infringement simply because it…
Read MoreUSPTO Final Rule: Mandatory US Representation for Foreign Patent Applicants and Owners – Effective 20 July 2026
March 20, 2026
Authored by: Michael M. Morris and Jeremy J. Gustrowsky The United States Patent and Trademark Office has published a final rule requiring patent applicants and patent owners who are not domiciled in the United States or its territories to be…
Read MoreUSPTO Launches AI Tool That Cuts Trademark Classification Time from Five Months to Five Minutes
March 19, 2026
Authored by: Jeremy J. Gustrowsky The United States Patent and Trademark Office (USPTO) recently announced the release of a new artificial intelligence tool designed to speed up one of the most time-consuming steps in trademark application processing. Called the “Classification…
Read MoreFederal Circuit Upholds Import Ban on Apple Watch Over Blood Oxygen Sensor Patents
March 19, 2026
APPLE INC. v. ITC Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed the International Trade Commission’s finding that Apple violated Section 337 of the Tariff Act by importing Apple Watch models that infringed patents owned by Masimo Corporation…
Read MoreUnderstanding U.S. Trademark Filing and Registration Bases: A Quick Guide
March 12, 2026
Authored by: Blake R. Hartz U.S. trademark applicants must establish both a filing basis and a registration basis. While this may sound straightforward, the distinction between these two concepts and the specific requirements associated with each can be a source…
Read MoreFederal Circuit Says You Can’t Disqualify Patent Structure Just Because It Doesn’t Do Something the Claim Never Required
March 11, 2026
GRAMM v. DEERE & COMPANY Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a district court’s finding that U.S. Patent No. 6,202,395 was invalid as indefinite, holding that the lower court improperly excluded a key piece of corresponding structure…
Read MoreA Conflict of Interest Doesn’t Destroy Attorney-Client Privilege, Federal Circuit Rules
March 11, 2026
TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Authored by: Jeremy J. Gustrowsky In a case involving Columbia University’s patent dispute with Gen Digital (formerly Symantec/NortonLifeLock), the Federal Circuit reversed a civil contempt finding against the law firm Quinn Emanuel…
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