Blogs

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

The Federal Circuit’s recent decision in Palo Alto Networks, Inc. v. Centripetal Networks, LLC, No. 2023-1636, 2024 WL 5114204 (Fed. Cir. Dec. 16, 2024) concerns an obviousness determination based on a motivation to combine.  Below is a discussion of the case and a key takeaway for patent practitioners and innovators. Before the Patent Trial and... Continue Reading

With U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s return to private practice in December 2024 and the future permanent Director yet to be tapped for nomination, it is a good time to reflect on one of the most impactful processes that grew during Vidal’s tenure — Director Review.  It was not until shortly... 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

Introduction On January 6, 2025, the FDA released draft guidance on using artificial intelligence (AI) in regulatory decision-making for drugs and biological products.  The draft guidance – the first of its kind from the agency – aims to enhance the efficacy and accuracy of the drug approval process, ensuring that applications incorporating AI meet rigorous... Continue Reading

On January 29, 2025, the Federal Circuit issued paired decisions addressing Samsung Bioepis’s (“SB”) and Formycon AG’s (“Formycon”) appeals of preliminary injunctions entered in ongoing aflibercept biosimilar litigations with Regeneron Pharmaceuticals, Inc. (“Regeneron”).[1] The Federal Circuit affirmed the district court’s exercise of personal jurisdiction over both defendants as well as the entries of preliminary injunctions... 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

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

Only days after lifting the nationwide preliminary injunction, the Fifth Circuit Court of Appeals vacated their decision to stay the district court’s preliminary injunction enjoining enforcement of the Corporate Transparency Act. In the December 26, 2024 decision, Fifth Circuit stated: The merits panel now has the appeal, which remains expedited, and a briefing schedule will... 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 Jeffrey Smith, Chief Operating Officer at Factum Global. Factum Global is an international consulting firm that specializes in helping businesses and associations expand internationally. Members of Factum Global will be attending the 2025 SelectUSA Investment Summit in National Harbor, Maryland, from May 11-14, 2025. Learn more about Factum Global on their... Continue Reading

The Fedtrade® Podcast recently interviewed Robert Leo, a customs and international trade attorney at Meeks, Sheppard, Leo & Pillsbury LLP, a specialized law firm representing clients on customs and related international trade issues. The firm represents clients before the principal international trade regulatory agencies, including U.S. Customs and Border Protection, the U.S. International Trade Commission, the... Continue Reading

The Fedtrade® Podcast recently interviewed Tim Tierney, Director of Business Recruitment and International Trade at the Vermont Department of Economic Development. The mission of the Vermont Department of Economic Development is to improve the economic well-being of Vermonters by fostering growth, opportunity, and innovation. Their work connects businesses and organizations to critical resources including financing,... Continue Reading