By: Alana M. Fuierer, Esq. Businesses often file federal trademark applications early—sometimes before a legal entity even exists. Later, businesses may assign intellectual property (IP), including registered trademarks, to an individual owner or a corporate affiliate for restructuring or other strategic reasons. These decisions may seem administrative, but they can carry significant consequences if ownership…
By: Teige P. Sheehan, Esq., Ph.D. A recent decision issued by the Federal Circuit Court of Appeals serves as a reminder to inventors to describe specific examples of their inventions in patent applications, not just broad descriptions of expansive categories that could theoretically cover the full invention’s scope but without guidance to embodiments they would…
By: Katelin J. Schaub Typo squatting and cybersquatting are different versions of domain squatting. Cybersquatting is the practice of registering a domain name that contains, or is confusingly similar to a registered trademark, to benefit from the goodwill of the brand. Typo squatting is the practice of registering a domain name that looks like the…
By: Stephen P. Scuderi, Esq. Overview The Patent Eligibility Restoration Act (PERA), introduced as bill S1546 in the U.S. Sente, represents a major legislative effort to rectify the harm caused by a series of Supreme Court decisions which dramatically narrowed the scope of what inventions were patentable in the United States. (see Bill S1546, May…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent jury trial signals a possible important turning point in trademark holders’ ability to police others’ use of their marks even if such use is not necessarily use “as a trademark” per se. The Federal District Court for the Middle District of Pennsylvania…
By: Morgan J. Sholtis and Teige P. Sheehan, Esq., Ph.D. A recent federal appeals court decision involving Walmart and designer Roxana Russell has created important new guidelines for how online marketplaces handle third-party sellers, with significant implications for businesses operating in the digital marketplace. The case offers crucial insights for creators of copyrightable works and…
By: Christina E. Brule, Ph.D., Esq. The Copyright Claims Board (the “CCB”) was created in 2020 by the Copyright Alternative in Small Claims Enforcement Act (the “CASE Act”), which was meant to strengthen copyright protection and thereby strengthen the economy, to which creators contribute greatly and yet often find themselves struggling to enforce their rights…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent decision from the Federal Circuit Court of Appeals is another reminder for patent applicants of the ease by which description of a technology in a prior publication can prevent the grant of a patent on a subsequent application. Importantly, this is true even if…
By: Joe T. Schuler, Esq. and Teige P. Sheehan, Ph.D. The Court of Appeals for the Federal Circuit recently handed down what is likely to be the first among many decisions shaping the patentability issues surrounding artificial intelligence. In Recentive Analytics v. Fox, the Federal Circuit leaned on existing law applicable to eligibility of software…
By: Emily M. Fraser In an amended compliant filed on May 23, Israeli health tech company CardiacSense Ltd. (hereinafter, “CardiacSense”) defended the patent eligibility of its wearable tracker patent, advancing its ongoing legal action against Garmin International Inc. (hereinafter, “Garmin”). The amended compliant follows patent litigation first initiated on May 22, 2024, in which CardiacSense…