Range of Motion Products, LLC v. Armaid Co. Inc., 2026 WL 261890 (Fed. Cir. Feb. 2, 2026) On February 2, 2026, the Federal Circuit affirmed summary judgment of non-infringement in Range of Motion Products, LLC v. Armaid Company Inc., holding that Armaid’s massage device did not infringe Range of Motion’s (RoM) design patent. The two […]

Xodus Medical Inc. et al. v. U.S. Surgitech, Inc., No. 1-19-cv-03164 (NDIL Jan. 30, 2026) In a recent decision that may surprise patent drafters and litigators alike, the Northern District of Illinois held that a patent claim using flexible, outcome-oriented language was not invalid for indefiniteness.  In Xodus Medical Inc. et al. v. U.S. Surgitech, Inc., […]

Top Glory Trading Group Inc. and DP Dream Pairs Inc. v. Cole Haan LLC, IPR2025-01395 (P.T.A.B January 12, 2026) A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed interest in inter partes review (“IPR”) as a vehicle for challenging design patents. On January 12, 2026, the Director issued […]

Illinois Tamale Co., Inc. v. LC Trademarks, Inc., 2026 WL 125544 (7th Cir. Jan. 16, 2026) Be vigilant of how the public perceives your trademark, because if the primary significance of your mark has become the generic name of a good, you may lose your trademark. In Illinois Tamale Co., Inc. v. LC Trademarks, Inc, […]

Vetter v. Resnik, 2026 WL 82842 (5th Cir. Jan. 12, 2026) The Fifth Circuit’s January 2026 decision in Vetter v. Resnik squarely addresses a fundamental question in copyright law: does termination recapture only U.S. rights, or does it restore the worldwide rights originally conveyed? In answering that question, the Court did more than simply side […]

Micron Tech., Inc. v. Longhorn IP LLC, 2025 WL 3672528 (Fed Cir. Dec. 18, 2025) Instead of decking the halls for Christmas, the Federal Circuit decked Longhorn by dismissing its appeal for lack of jurisdiction. Idaho, and over 30 other states, have taken patent law conduct into their own hands, enacting legislation to punish bad […]

On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”)’s decision to cancel Game Plan, Inc. (“Game Plan”)’s registered trademark and dismiss its opposition to Uninterrupted IP, LLC (“UNIP”)’s pending applications.  The dispute centered on whether a party can acquire priority over a registered mark by purchasing common law trademark rights […]

Ex parte reexaminations and inter partes review (“IPR”) are two different procedures available at the United States Patent and Trademark Office (“PTO”) to invalidate a patent.  In an ex parte reexamination, a third party can make a request for reexamination, but the third party will have no further involvement if a reexamination is granted.  The reexamination will proceed only between the […]

Advance Local Media LLC v. Cohere Inc., No. 25-cv-1305 (S.D.N.Y. 2025) In another case addressing the use of copyrighted works by artificial intelligence technology (“AI”), the Southern District of New York denied a partial motion to dismiss a direct copyright infringement claim related to summaries generated by AI. The court held that the summaries could […]

In re Motorola Solutions, Inc., No. 25-134, 2025 WL 3096514 (Fed. Cir. Nov. 6, 2025) If you were hoping a Sotera stipulation would bulletproof your Inter Partes Review (“IPR”) petiton from a discretionary denial, the Federal Circuit (“CAFC”) just poured cold water on that plan.  In In re Motorola, the CAFC denied Motorola Solutions, Inc.’s (“Motorola’s”) arguments that […]