Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s ban on “disparaging” trademark registrations violates the First Amendment.  On December 22, 2015, we discussed the underlying decision

If I want to start using a trademark similar to someone else’s, does it matter whether other people are using similar marks? Last week, in Jack Wolfskin Ausrustung Fur Draussen Gmbh & Company KGAA v. New Millennium Sports, S.L.U., the United States Court of Appeals for the Federal Circuit said “yes.”

In Jack Wolfskin, Jack

A case decided this month by the Federal Circuit Court of Appeals involving technology for preparing multi-cryopreserved liver cells reminds how critical experts can be in deciding patent disputes, including in the context of preliminary proceedings.

The patent involved in Celsis In Vitro, Inc. v. Cellzdirect, Inc. concerns mechanisms for the preservation of liver cells

The Federal Circuit took another step toward restricting the scope of patentable business methods in its August opinion in Cybersource v. Retail Decisions, 2011 WL 3584472, finding Cybersource’s patent claims invalid as unpatentable “mental processes.”  Of particular interest was the Court’s solidifying “mental processes” as a subcategory of unpatentable “abstract ideas,” and