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Explore the latest in patent, trademark, and copyright cases on the Merchant & Gould LLP blog. Stay informed with expert insights on intellectual property law updates.

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CAFC Affirms Summary Judgment of Noninfringement of Data Transfer Patents

Injunctive Relief Availability for SEPs Dependent on Breach of Contract Claims

CAFC Affirms District Court’s Grant of JMOL of Non-Infringement

Merchant & Gould Honors 2024 Pro Bono Award Recipients

CAFC Reverses Dismissal of Patent Case Due to Insufficient Claim Construction Proceedings

CAFC Reverses Dismissal of Patent Infringement Case Against Aetna

CAFC Reverses Summary Judgment Ruling Dismissing Lanham Act False Advertising Counterclaim Based on False Claims of Patent Coverage

Merchant & Gould Recognized as One of Minnesota’s Leading Women-Led Law Firms

Federal Circuit Holds District Court Abused Discretion Sua Sponte Finding Patent Invalid Under 35 U.S.C. § 101

Federal Circuit Reverses District Court’s Indefiniteness Ruling

Federal Circuit Reverses Summary Judgment Decision Finding Invalidity Under Section 101

CAFC Declines to Adopt Timing Requirement for Expert Witness’s Acquisition of Expertise

CAFC Holds ITC Respondent Lacks Standing to Appeal Termination of ITC Investigation

CAFC Reverses Award of Attorneys’ Fees in Patent Case

Federal Circuit Clarifies Application of Obviousness-Type Double Patenting

Merchant & Gould Attorneys Recognized in the Best Lawyers: Ones to Watch® in America 2024 Edition

Merchant & Gould Attorneys Recognized in the Best Lawyers: Ones to Watch® in America 2025 Edition

Merchant & Gould Attorneys Recognized by Best Lawyers® in 2025 in America.

CAFC Confirms Pre-AIA Precedent Applies to AIA: Patent on Secret Process Invalid Based On Sales of Product

CAFC Affirms PTAB Decision Holding Private Sale Is Not a “Public Disclosure” Under 35 U.S.C. § 102(b)(2)(B)

CAFC Affirms PTAB’S Application of USPTO’S Motion to Amend Pilot Program

CAFC Affirms Judgment on Pleadings for Nonpatentable Subject Matter in Miller Mendel Suit

Federal Circuit Affirms Grant of Preliminary Injunction Against Cancer-Detection Product

CAFC Affirms Dismissal for Nonpatentable Subject Matter in DraftKings Suit

Supreme Court Overrules Chevron

Federal Circuit Tightens Standards for Trade Secret Preliminary Injunctions

SCOTUS Confirms Names Clause Prevents Registration of “Trump too small” Mark

Federal Circuit Affirms Judgment that Google Smart Thermostat Feature Infringes

CAFC Reverses PTAB’s Time-Bar Decision in Patent Interference

CAFC Vacates Summary Judgment on Lack of Standing

CAFC Affirms ITC’s Finding of No Violation Due to Complainant’s Failure to Satisfy Domestic Industry Requirement

Supreme Court Upholds Eleventh Circuit’s Rejection of Three-Year Damages Bar on Timely Copyright Claim

Federal Circuit Affirms Trademark Board’s Finding of Prior Use Based on Employee Declaration

Second Circuit Vacates Preliminary Injunction in Trademark Case

CAFC Affirms Judgment that Unclean Hands Barred Recovery on all Counterclaims

CAFC Holds Patents Relating to 3D Visualization of Medical Scans Directed to Patent-Ineligible Subject Matter

Strategic Power Move: Merchant & Gould Lures Quintet of Highly-Experienced Attorneys to Supercharge DC Office and Accelerate Asia Expansion

CAFC Addresses Inadequate Motivation to Combine Prior Art References

Third Circuit Affirms No Pre-Issuance Damages for Induced Infringement

Federal Circuit Reverses Texas District Court’s Indefiniteness Finding

Earth, Wind & Fire Band Prevails in Trademark Suit Against Tribute Band

CAFC Affirms Judgment that Amazon Shopping List Feature Does Not Infringe

4th Circuit Vacates and Remands $1 Billion Copyright Damages Award

CAFC Affirms TTAB Decision on Domicile Requirement

CAFC Reverses PTAB’s Printed Publication Decision

CAFC Designates Informational Matter Doctrine Decision Precedential

CAFC Affirms PTAB Decision Allowing Joined Party to Raise New Art

Federal Circuit Confirms “Hereby” Sells and Assigns Language is a Conveyance of Rights

Federal Circuit Reverses TTAB Cancellation of Trademark Registration

CAFC Affirms District Court’s Denial of Preliminary Injunction Seeking to Enjoin Party from Pursuing Inter Partes Review

Federal Circuit Affirms Summary Judgment Decision Finding Lack of Written Description and Unpatentability Under Section 101

CAFC Reverses District Court’s Grant of Summary Judgment of Noninfringement in Coffee Capsules Litigation

Second Circuit Affirms Vans Trademark and Trade Dress Injunction

Tenth Circuit Affirms Denial of Fees Under the Lanham Act

CAFC Holds PTAB’s Failure to Meet 18-Month Statutory Deadline Not Fatal

CAFC Affirms PTAB Decision of Patentability After Improper Incorporation by Reference

CAFC Vacates and Remands Claim Construction for Consideration of Extrinsic Evidence

CAFC Affirms Award of Fees in Patent Infringement MDL

CAFC Affirms PTAB Decision on Forfeiture Grounds

CAFC Overrules USPTO’s Trademark Cancellation Decision

CAFC Partially Vacates Board’s IPR Decision Involving Means-Plus-Function Limitation

Merchant & Gould Again Receives Mansfield Rule Plus Certification

Federal Circuit Affirms Patent Indefiniteness Ruling

6th Circuit Issues Mixed Decision in Children’s Clothing Trademark and Trade Dress Dispute

CAFC Decides Issue of First Impression Concerning Comparison Prior Art for Design Patent Cases

Minnesota Lawyer Recognizes Litigation Associate Joe Dubis as “Up & Coming Attorney”

Minnesota Lawyer Recognizes Trademark Associate Lindsay Jones as “Up & Coming Attorney”

CAFC Reiterates APA Notice Requirement

Third Circuit Affirms Trademark Cancelation Due to Functionality

Fifth Circuit Affirms PI in Stand Mixer Trade Dress Case

CAFC Rejects PTAB Decision of Unpatentability Due to Flawed Secondary Considerations Analysis

CAFC Affirms PTAB Decision of Unpatentability

Merchant & Gould Announces New Leadership for Design Patent & Trade Dress Group

Merchant & Gould Attorneys Recognized by Best Lawyers® in 2024 in America.

CAFC Finds Error in Board’s Refusal to Consider Reply Arguments & Evidence Under New Post-Institution Claim Construction

D.C. Court of Appeals Upholds Copyright Royalty Board’s Fees and Rates Amid Challenges by Webcasters

CAFC Holds Separate Disclosure of Drug Variants Not Required Under Section 112

Ninth Circuit Affirms Dismissal of Photographers’ Copyright Claims Under the Server Test

Merchant & Gould Announces 2023 Super Lawyers & Rising Stars

TTAB Holds Laches Defense Successful in View of Prior Registration

CAFC Vacates TTAB Decision Regarding Likelihood of Confusion Analysis

U.S. Supreme Court Provides Guidance on Extraterritorial Effect of U.S. Trademark Laws

Trademark Clearance & Usage Guide

Federal Circuit Upholds Board’s Decision on Unpatentability of Hypertension Treatment Method

James Rieke Joins Merchant & Gould’s Minneapolis Office as Partner

Supreme Court Rejects Parody Free Speech Defense for Jack Daniel’s-Like Dog Toy

CAFC Affirms PTAB’s Finding of Sufficient Corroboration

Merchant & Gould Welcomes Seven Summer Associates Across Three Offices

CAFC Affirms Denial of Attorneys’ Fees and Costs Under 35 U.S.C. § 285

Supreme Court Upholds Federal Circuit Decision Invalidating Patent Claims for Lack of Enablement

Supreme Court Affirms First Fair Use Factor Weighs Against Warhol in Copyright Suit Over Prince Photograph

CAFC Reverses PTAB Finding on Analogous Prior Art

CAFC Reverses District Court Inventorship Decision Due to Relative Insignificance of Alleged Inventor’s Contribution

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