Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter
March 01, 2025
At the end of the day, demand letters form an important part of a company's trademark enforcement strategy. But they must be just that — a part of a fully developed reasoned strategy rather than a knee-jerk reaction to perceived infringement. And that strategy will require some investigation and research to help ensure success.
IP News
March 01, 2025
Federal Circuit: PTAB Jurisdiction Exists Over Expired PatentsFederal Circuit: No Estoppel on Unadjudicated Claims
Eliminating Judicial Exceptions: The Promise of the Patent Eligibility Restoration Act
February 01, 2025
The Patent Eligibility Restoration Act (PERA) proposes a solution to a complex debate: What can be patented, and when do nature and thoughts become property? This article provides an overview of the PERA bill, examines the current issues with Section 101 of the Patent Act, the specific proposals of PERA, and the existing pros and cons of the bill.
Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.
February 01, 2025
Last June, the U.S. Supreme Court granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.
The 2025 Patent Landscape Begins With Many Pieces of Proposed Legislation
February 01, 2025
The U.S. patent legal landscape in 2025 is poised for change. The incoming presidential administration is coupled with interim changes in leadership at the USPTO after Kathi Vidal’s departure, and several newly vacant, fillable commissioner seat openings at the ITC. Amid that backdrop, many pieces of proposed patent legislation are pending in Congress which could further — or possibly stifle — modern trends in American patent law, and could alter our innovation landscape for years to come. This article surveys that pending patent legislation.
Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
January 01, 2025
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
The 5 Most Influential Patent Law Cases of 2024
January 01, 2025
We’re counting down to the new year with a recap of the five most influential patent decisions from 2024. Spanning damages, design patents, infringement loopholes, issue preclusion, and prior art disqualification, the U.S. Court of Appeals for the Federal Circuit had an active year issuing cases with a direct impact on innovation. With several of these decisions currently on appeal to the U.S. Supreme Court, 2025 is shaping up to bring even more change.
