Ashley K. Justice
Subscribe to Ashley K. Justice's PostsAshley K. Justice focuses her practice on intellectual property litigation matters. Read Ashley Justice's full bio.
Use of general knowledge in IPR petitions will no longer work
By Ashley K. Justice on Aug 14, 2025
Posted In Patents
On July 31, 2025, the US Patent & Trademark Office (PTO) issued a memo clarifying the requirements under 37 C.F.R. § 42.104(b)(4) for inter partes review (IPR) petitions. The memo emphasizes that petitioners must clearly identify where each element of the challenged claims is found in the prior art patents or printed publications relied upon....
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It’s not monkey business: NFTs can be trademarked
By Ashley K. Justice on Jul 31, 2025
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner did not prove as a matter of law that the defendants’ use was likely to cause confusion. The...
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Applicant-admitted prior art may inform but can’t be basis for IPR challenges
By Ashley K. Justice on Jul 24, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit clarified that while applicant-admitted prior art (AAPA) may be cited as evidence of general background knowledge in inter partes review (IPR) proceedings, it cannot serve as the basis for an IPR ground. The Court also confirmed that the petitioner had Article III standing to cross-appeal based...
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False Connection: Post-Application Date Evidence Can Be Considered
By Ashley K. Justice on May 15, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence that arises during the examination after filing. In re Thomas D. Foster, APC, Case No. 23-1527 (Fed. Cir. May...
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Trade Dress Requires Separate Articulation and Distinctiveness Requirements
By Ashley K. Justice on Feb 20, 2025
Posted In Trademarks
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the plaintiffs to articulate distinctiveness of trade dress infringement at the pleading stage. Cardinal Motors, Inc. v. H&H Sports Protection USA...
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Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows
By Ashley K. Justice on Feb 13, 2025
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted works were not works for hire under copyright law, that the leader therefore had the right to...
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