PTAB More Aggressively Reversing § 101 Rejections Under the Trump Administration

Authors: Charles R. Macedo, Lewis Derenzis III and Joshua Jacobson New York Intellectual Property Law Association (NYIPLA) – Summer/Fall 2025 In a recently published NYIPLA article, attorneys at Amster, Rothstein & Ebenstein, LLP examine a notable shift in the U.S. Patent Trial and Appeal Board’s treatment of patent-eligibility rejections under 35 U.S.C. § 101. As the […]

Charles Macedo and Michael Downs Co-Author Oxford University Press Journal of Intellectual Property Law & Practice article on “EcoFactor narrows patent damages testimony standards in the United States”

Journal of Intellectual Property Law & Practice, jpaf061, https://doi.org/10.1093/jiplp/jpaf061 In this Oxford University Press article by Charley Macedo and Michael Downs, which appeared in the Journal of Intellectual Property Law & Practice, the authors examine the Federal Circuit’s en banc decision in EcoFactor v. Google. Abstract In EcoFactor, Inc v Google LLC, 137 F4th 1333 […]

Charles Macedo, David Goldberg and Chloe Vizzone Co-Author Oxford University Press Journal of Intellectual Property Law & Practice article on “US Supreme Court clarifies the scope of ‘defendant’s profits’ in trade mark matters in Dewberry Grp, Inc v Dewberry Eng’rs Inc, No. 23-900, 604 US 145 S Ct 681, slip op (26 February 2025)”

In this Oxford University Press article by Charley Macedo, David Goldberg and Chloe Vizzone, which appeared in the Journal of Intellectual Property Law & Practice, the authors explore how the "US Supreme Court clarifies the scope of ‘defendant’s profits’ in trade mark matters in Dewberry Grp, Inc v Dewberry Eng’rs Inc, No. 23-900, 604 US […]

Charles Macedo, David Goldberg, Thomas Hart, John Dellaportas and Jamie Zipper co-Author article For Oxford University Press’s Journal Of Intellectual Property Law & Practice, entitled “Good appellate practice means explaining decisions: how the overuse of one-word affirmances harms US patent law”

Good Appellate Practice Means Explaining Decisions: How the Overuse of One-Word Affirmances Harms US Patent Law Abstract The US Court of Appeals for the Federal Circuit issues one-word decisions under Local Rule 36 in roughly one-third of the patent appeals it hears. Although US law allows for one-word decisions, they should be rare because parties, […]

Charles Macedo, David Goldberg, Thomas Hart, and Jamie Zipper Co-Author Article For NYIPLA’s the Report, Entitled “The Founding of the Federal Circuit Was Rooted in the Needs for Clear Opinion Writing and Uniformity in Patent Law”

The Founding of the Federal Circuit Was Rooted in the Needs for Clear Opinion Writing and Uniformity in Patent Law Introduction Since the enactment of the Leahy-Smith American Invents Act of 2011 on September 16, 2011, until the end of 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued a […]

Holly Pekowsky Authors Article Published by Westchester Lawyer Magazine, Entitled “Protecting Your Brand: Trademark Basics”

Protecting Your Brand: Trademark Basics Holly Pekowsky Shares Her Insights on Trademark Basics in New Article Published by Westchester Lawyer Magazine.  "When people ask me how I got into trademark law, I tell them the truth – It started with a cookie."Full article available here.

Charles Macedo, David Goldberg, Thomas Hart, John Dellaportas, and Jamie Zipper Co-Author Article For the NYIPLA’s the Report, Entitled “Lower Courts in Patent Cases Continue to Ignore Factual Disputes and Weigh Evidence Against Nonmovants”

Lower Courts in Patent Cases Continue to Ignore Factual Disputes and Weigh Evidence Against Nonmovants "In patent cases, district courts are increasingly granting summary judgment by ignoring factualdisputes and/or weighing evidentiary disputes against non-movants, thus depriving patent owners oftheir right to a jury trial under the Seventh Amendment. As the Supreme Court has observed, it […]

Charles Macedo, David Goldberg, Chloe Vizzone, and Jamie Zipper Co-Author Article For IP Watchdog, Entitled “Ninth Circuit Decision on NIL Statute of Limitations Risks Havoc and Needs to Be Reheard”

Ninth Circuit Decision on NIL Statute of Limitations Risks Havoc and Needs to Be Reheard "On November 21, 2024, Cody Allen Easterday filed a Petition for Rehearing En Banc in Cody Allen Easterday v. Tyson Fresh Meats Inc., No. 23-3836. Easterday’s case involves a timely and important issue regarding his name, photograph, and likeness rights […]

Charles Macedo, David Goldberg and Joshua Jacobson Co-Author Article For Oxford University Press’s Journal Of Intellectual Property Law & Practice, Entitled “Vidal v Elster: US Supreme Court confirms constitutionality of Lanham Act prohibition on registration of trade marks comprising names of living people without their consent”

Vidal v Elster: US Supreme Court confirms constitutionality of Lanham Act prohibition on registration of trade marks comprising names of living people without their consent Abstract In Vidal v Elster, the US Supreme Court upheld the constitutionality of a Lanham Act prohibition against the registration of trade marks comprising the name of living people withut […]

Charles Macedo, Darren Haber, and David Goldberg Co-Author Article For IP Watchdog, Entitled “Island Petition Highlights Patent Decisions Increasingly Deviate from Civil Procedure Norms”

Island Petition Highlights Patent Decisions Increasingly Deviate from Civil Procedure Norms “On June 17th, 2024, Island Intellectual Property LLC (“Island”) filed a Combined Petition for Rehearing and Rehearing En Banc in Island Intellectual Property LLC v. TD Ameritrade, Inc., Nos. 2023-1318, -1441 (link here). This case involves the failure of the District Court to provide […]