Blogs

The recent decision by the Federal Circuit in Honeywell International Inc. v. 3G Licensing, S.A., issued on January 2, 2025, overturned the Patent Trial and Appeal Board’s (“the Board”) factual and legal holdings in the final written decision of IPR2021-00908. In this article, we delve into the court’s holding and its impact on upcoming patent... Continue Reading

At the end of each fiscal year running from October 1 through September 30, the Patent Trial and Appeal Board (“PTAB”) provides a summary of its trial statistics. [1] This information provides practitioners with useful insight into trends at the PTAB regarding petitions filed, institution rates, and outcomes. This blog post highlights the statistics and... Continue Reading

At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101. Profrac Holding Corp and U.S. Well Services, LLC filed a petition for post grant review of all claims... Continue Reading

Biosimilars, once a niche segment in the pharmaceutical industry, are now making a significant impact on global healthcare.  These products are highly similar to an already-approved reference product, offering a more affordable treatment option without compromising on safety or efficacy.  As biosimilars gain traction worldwide, regulatory bodies like the European Medicines Agency (EMA) and the... Continue Reading

Since the America Invents Act (“AIA”) established a new venue for hearing patent disputes, the Patent Trial and Appeal Board (“PTAB”), much ink has been spilled regarding the impacts of this forum on patent litigation and the overall intellectual property strategies employed by both patentees and challengers. The Promoting and Respecting Economically Vital American Innovation Leadership... Continue Reading

On December 20, 2024, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling in the Teva v. Amneal case following oral arguments before the Federal Circuit, which we discussed in our previous article. The Federal Circuit affirmed the district court’s decision that Teva’s patents were improperly listed and must be removed... 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

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

As an update to our posts on the ongoing attempts to block the Corporate Transparency Act, on December 23, 2024, the Fifth Circuit granted a temporary stay of the district court’s preliminary injunction for compliance with the Corporate Transparency Act in Texas Top Cop Shop, Inv. v. Garland.[1] The Fifth Circuit’s decision reinstated the January... Continue Reading

As an update to our post on the Corporate Transparency Act, on December 3, 2024, a federal district court issued a nationwide preliminary injunction pertaining to the Corporate Transparency Act in Texas Top Cop Shop, Inc. v. Garland. In its ruling, the court stated that “reporting companies need not comply with the CTA’s January 1,... 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 SelectUSA Canada conference brings together Canadian investors and U.S. market entry leaders to discuss opportunities and services available to Canadian companies planning to expand in the United States. Rothwell Figg’s Fedtrade® U.S. Market Entry team recently attended the 2024 SelectUSA Canada Conference in Toronto, an annual event that provides a forum for Canadian companies... Continue Reading

America’s Seed Fund is coordinated by the Small Business Administration and funded through 11 participating federal agencies that fund innovations. America’s Seed Fund has two programs: Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR). Both programs award non-dilutive funding to qualified recipients to develop their technology and chart a path toward commercialization.... Continue Reading

Critical and Emerging Technologies (CET) are of vital importance to the U.S. government. Therefore, it has made CET funding and support a top priority. The U.S. National Security Strategy identifies expanding economic prosperity and opportunity as one of three primary goals. The following critical and emerging technology areas are deemed of critical importance to U.S.... Continue Reading