Aldi’s shoppers know exactly what they are buying. Mondelez v. Aldi will test whether trademark law can see, and price, what a package borrows.
September 01, 2026Allen Adamson
Federal Circuit: Construing a Structural Claim Term as a “Means” for Performing a Function Improperly Converts the Claimed Structure into a Means-Plus-Function TermPatent Trial and Appeal Board: Obviousness-Type Double Patenting is Not Limited Only to Patent Claims That Would Effectively Extend the Term of an Existing Patent (But Clarification Would Be Welcome)
September 01, 2026Jeffrey Ginsberg and Ryan J. SheehanIt is one of the more common questions a trademark practitioner fields at the start of a brand launch: “We found the name we want to use, but somebody else is already using it — and they never registered it. Are we blocked?” Surprisingly, the answer is oftentimes “not necessarily.”
August 01, 2026Scott G. BrownA funding event changes expectations instantly. The company that pitched a bold vision is now expected to execute, scale, and defend itself under heightened investor and market scrutiny. A post-round reassessment helps ensure the patents protecting your technology and data are built for sustained flight, not just an impressive countdown.
August 01, 2026Michele Frank and Brandon PhemesterThis is the second installment in a two-part series examining the implications of using generative artificial intelligence (GAI) in the drafting and prosecution of patent applications. In this part, we address the potential impact of drafting a patent application with a GAI tool, including potential invalidity challenges based on anticipation and written description. Thereafter, we offer practical guidance for patent prosecutors and inventors seeking to use GAI in their workflows.
August 01, 2026Nicole Berkowitz Riccio and Dominic RotaAI-enabled and AI-first often describe the adoption of new technology, but they reveal very little about how the services are delivered or how they will produce better business outcomes for clients. Two firms may both claim to have AI built into their patent processes but operate in fundamentally different ways.
August 01, 2026Michael Drapkin and Nathan MutterThe Trademark Trial and Appeal Board recently issued a precedential decision affirming an Examiner’s refusal to register WEMBY for athletic apparel. It is a rare precedential Trademark Trial and Appeal Board decision rendered under Sections 2(a) and 2(c) of the Lanham Act, which are not the frequent subjects of litigation.
August 01, 2026Howard Shire and Matthew VentricelliNew USPTO procedures allow patent owners to respond to ex parte requests pre-reexamination. Patent owners should consider strategically leveraging these procedures to prevent their patent claims from being cancelled or narrowed through reexamination.
July 01, 2026Fabian KoenigbauerA current work-for-hire dispute over rights to the musical adaptation, cast album compositions and sheet music based on the children’s horror novel Goosebumps: Phantom of the Auditorium explores the inter-relationship of work-for-hire and copyright-ownership language in agreements signed both before and after the Goosebumps play was created.
July 01, 2026Stan SoocherThe real risk in AI-assisted invention is not the use of AI itself. The risk is that you cannot prove what the human actually invented. If the human contribution cannot be tied to the conception of the claimed subject matter, the patent system has nothing to reward.
July 01, 2026Carla Kim and Daniel Block
