Blogs

On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent challenger failed to prove that the claims were unpatenable and offering two key takeaways. The Parties... Continue Reading

On Friday, February 28, 2025, the United States Patent and Trademark Office (USPTO) announced the withdrawal of the June 2022 memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” which had been issued by former USPTO Director Kathi Vidal. The 2022 Memorandum was intended to clarify the Patent... Continue Reading

On January 27, 2025, the Federal Circuit held that the Patent Trial and Appeal Board (“PTAB”) “has jurisdiction over IPRs concerning expired patents.” See Apple Inc. v. Gesture Tech. Partners, LLC, 2025 WL 299939, *2 (Fed. Cir. Jan. 27, 2025). Background and Procedural History Apple, the inter partes review (“IPR”) petitioner, filed an IPR petition... Continue Reading

On March 13, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed a five-year patent term extension (“PTE”) for Merck’s sugammadex patent, holding that the district court had correctly calculated PTE based on the issue date of the original patent rather than the issue date of the reissued patent.[1] Background The case originated... Continue Reading

In our previous articles, we reported that the Federal Circuit affirmed the district court’s decision on December 20, 2024 ordering Teva Pharmaceuticals (“Teva”) to delist certain patents related to Teva’s ProAir® HFA metered-dose inhaler from the FDA’s Orange Book, and that the Federal Circuit subsequently stayed that delisting order on January 22, 2025 following a... Continue Reading

The U.S. stands at a crossroads in light of rising drug prices and it is unclear what the future will hold in answer to the rising drug costs. Biologic medicines have rapidly expanded available treatment options and accounted for approximately half of U.S. healthcare medicine spending in the past few years. While biosimilars have offered patients... Continue Reading

It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.”  It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them... Continue Reading

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence.[1] The executive order provides a sprawling list of directives aimed at establishing standards for AI safety and security and protecting privacy. While the executive order acknowledges the executive branch’s lack of authority for any lawmaking or rulemaking, AI... Continue Reading

Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI[1]. The FTC initiates its investigation on the heels of the Center for AI and Digital Policy’s July 10, 2023 supplement to its March 30, 2023 complaint, which requests that the FTC... Continue Reading

Although the Corporate Transparency Act (the “CTA”) is no longer halted by nationwide preliminary injunctions, U.S. companies and their beneficial owners are not required to report beneficial ownership information pursuant to the CTA. FinCEN Issues Interim Final Rule In the most recent CTA update from March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued... Continue Reading

For the past few months, the beneficial ownership reporting obligations under the Corporate Transparency Act (the “CTA”) have fluctuated between being required pursuant to the CTA and being halted by nationwide preliminary injunctions. However, as of February 18, 2025, all nationwide preliminary injunctions have been lifted and compliance with the CTA is again required. Thus,... Continue Reading

Co-authored by Sheena Wang and Ellie Purnell of HGF limited, “CRISPR and Agriculture” was originally published by Food and Drink Technology on January 29, 2025. To access the article on the Food and Drink Technology website, please click here. Modern gene-editing technology, such as CRISPR/Cas technology, represents a ground-breaking advancement that has transformed our genetic... Continue Reading

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding.  This is an interesting sports trademark case. The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application: The Applicant’s...

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods.   The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. The case, Hangzhou Zhaohu Technology Co., Ltd. v. Hangzhou Johnson...

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. In Roots Corporation v. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives.  The “Roots” Marks, for various apparel items and related accessories in Class 25,...

The Fedtrade® podcast recently interviewed Artur Czerniejewski, Head of Swiss Business Hub USA of Switzerland Global Enterprise, as part of our SelectUSA Investment Summit Spotlight series. Switzerland Global Enterprise (S-GE) is the official Swiss organization for export and investment promotion. With a unique global network, S-GE supports more than 5,500 Swiss companies every year in their international business... Continue Reading

The Fedtrade® podcast recently interviewed Adam Boltik, Program Manager for the Office of International Commerce of the State of New Hampshire Department of Business and Economic Affairs, as part of our SelectUSA Investment Summit Spotlight series. The Department of Business and Economic Affairs (BEA) is the premier resource for businesses considering expansion in, or relocation to, New... Continue Reading

The Fedtrade® podcast recently interviewed Lukas Zitz, Deputy Austrian Trade Commissioner of Advantage Austria, as part of our SelectUSA Investment Summit Spotlight series. With around 100 offices in over 70 countries, Advantage Austria provides a broad range of intelligence and business development services for both Austrian companies and their international business partners. Members of Advantage Austria will be... Continue Reading