In one of the first acts by the United States Patent and Trademark Office (USPTO) in the new administration, the USPTO – via an email sent February 28 – rescinded former USPTO Director Kathi Vidal’s 2022 memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” (the 2022 Memorandum).
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Supreme Court Upholds Corporate Separateness in Unanimous Dewberry Decision
In Dewberry Group, Inc. v. Dewberry Engineers, Inc.,[1] the Supreme Court unanimously held that the Lanham Act does not permit courts to disregard corporate identity when awarding damages for trademark infringement.
Section 35 of the Lanham Act allows a plaintiff to recover “‘the defendant’s profits’ deriving from a trademark violation” and grants the court…
NBA Teams Support Challenge to Discovery Rule in Copyright Litigation
Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a lawsuit when the copyright owner discovers, or reasonably should have discovered, the infringement. Recent cases have called into question…
Challenging a Patent via an IPR? Patentees Have an Approved Method to Mitigate the Impact
In response to a lawsuit for patent infringement, often a defendant will file an inter partes review (IPR) challenging the validity of the asserted claims. How can a patentee avoid this scenario? The Court of Appeals for the Federal Circuit recently approved of a method that allows a patentee to potentially sacrifice a subset of…
Surprise Move: Judge Walks Back AI Copyright Ruling in Thomson Reuters v. ROSS
Thomson Reuters v. ROSS, 1:20-cv-00613-SB, is the first district court case to address fair use and copyright infringement related to training AI models. Judge Bibas granted summary judgment of no fair use upon a balancing of the fair use factors. The court mostly relied on the findings that (1) ROSS copied headnotes to develop a…
What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI
The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the decision destroys fair use defenses in the pending generative AI copyright litigations, or that the decision is entirely irrelevant to…
Potential Effects of the Trump Administration’s First Actions on the USPTO
2025 BakerHostetler IP Perspectives
Anyone who attempts to predict the future of intellectual property does so at their own peril: Shattered legal precedents, amended district court policies and procedures, and unexpected new governmental guidance were commonplace this year – and that’s just in the world of patents. Fortunately, BakerHostetler’s IP Practice Group has the talent and experience to not…
USPTO Trademark Fee Increases May Help Reshape Examining Efficiency
The U.S. Patent and Trademark Office’s (USPTO) biannual fee increase is now in effect. The USPTO anticipates the fee increases and the addition of new fees will significantly streamline the application process in addition to helping support the USPTO’s operating budget.
The USPTO replaced the two application fees for Trademark Electronic Application System (TEAS) Plus…
Patent Legislation Watch: PTAB Reform Bill ‘PREVAIL[S]’ Out of Senate Judiciary Committee
In a close 11-10 vote, a bipartisan majority of the U.S. Senate Judiciary Committee advanced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act out of committee. The bill has since been placed on the Senate Legislative Calendar, bringing it one step closer to consideration by the full Senate.
The bill proposes several…