Consumers Can’t Oppose “Rapunzel” Trademark Registration, Says Federal Circuit
May 22, 2025
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…
Read MoreFederal Circuit Sets New Boundaries for Patent Damages Experts in EcoFactor v. Google
May 21, 2025
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,…
Read MoreFrench Fashion Brand Blocked from Registering “VETEMENTS” as a U.S. Trademark
May 21, 2025
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…
Read MoreUnderstanding Patents vs. Copyrights: Safeguarding Your Creative Ideaslaw
May 14, 2025
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…
Read MoreWho Really Invented CRISPR for Eukaryotic Cells? Federal Circuit Weighs In
May 12, 2025
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…
Read MoreFederal Circuit Affirms Refusal to Register “US SPACE FORCE” Trademark Due to False Suggestion of Connection with U.S. Government
May 7, 2025
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…
Read MoreStanding Roadblock: Incyte’s Patent Appeal Dismissed for Lack of Concrete Plans
May 7, 2025
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…
Read MorePatent Invalidity Upheld: Public Use and IPR Estoppel Clarified in Ingenico v. IOENGINE
May 7, 2025
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…
Read MorePatent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope
May 6, 2025
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,…
Read MoreCourt Limits Patent Injunctions on Clinical Trials and FDA Applications in Jazz v. Avadel
May 6, 2025
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…
Read MoreFederal Circuit Finds “Payment Handler” Patent Claims Indefinite for Lack of Structure
April 30, 2025
Fintiv, Inc. v. Paypal Holdings, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for software patents, the Federal Circuit recently affirmed the invalidation of several Fintiv, Inc. patents for indefiniteness, holding that the term “payment handler” failed to…
Read MoreColor Alone Isn’t Enough: Federal Circuit Affirms Dark Green Medical Glove Color Is Generic, Not a Trademark
April 29, 2025
In re PT Medisafe Techs Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit Court affirmed that PT Medisafe Technologies could not register the dark green color (Pantone 3285c) used on its chloroprene medical examination gloves as…
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