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.
Not so bulletproof: USPTO rejects discretionary denial across seven IPR petitions
By Ashley K. Justice on Jun 25, 2026
Posted In Patents
The United States Patent and Trademark Office (USPTO) denied a patent owner’s request for discretionary denial of seven inter partes review (IPR) petitions, further providing guidance on the factors to consider when exercising discretionary review. The decision was designated informative on June 15, 2026. Tesla, Inc. v. Bulletproof Property Mgmt., LLC, IPR2026-00204; -00205; -00219; -00222;...
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E-I-E-I-No patents for data harvesting
By Ashley K. Justice on Jun 11, 2026
Posted In Patents
Addressing patent eligibility and attorneys’ fees, the US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that five farming data patents were directed to patent-ineligible subject matter, but vacated and remanded the district court’s unexplained determination that the case was not exceptional. AGI SureTrack LLC v. Farmers Edge Inc., Case Nos....
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Separately recited structures must be separately present in accused device
By Ashley K. Justice on Mar 19, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit explained (again) that when a claim separately recites multiple structural limitations, infringement requires separate corresponding structures. A single component that sequentially or multifunctionally performs the claimed functions is not enough. Magnolia Medical Technologies, Inc. v. Kurin, Inc., Case No. 24-2001 (Fed. Cir. Mar. 6, 2026) (Lourie,...
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IRPA claims accrue at first publication, not first discovery
By Ashley K. Justice on Feb 5, 2026
Posted In Copyrights
The US Court of Appeals for the Seventh Circuit confirmed that the single publication rule applies to claims brought under the Illinois Right of Publicity Act (IRPA), 765 ILCS 1075/1 et seq. Giovannelli v. Walmart Inc., Case Nos. 24-2869; -3103; 25-1185; -1223 (7th Cir. Jan. 22, 2026) (Brennan, Scudder, Pryor, JJ.) In 2009, US Army...
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We’ve got standards: No issue preclusion for facts that must be proven under higher standard
By Ashley K. Justice on Oct 23, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a summary judgment finding claims invalid, on grounds that the district court erred in applying issue preclusion based on factual findings in an inter partes review (IPR) that held other claims invalid. Inland Diamond Products Co. v. Cherry Optical Inc., Case No. 24-1106 (Fed. Cir....
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Oh brother: Draft settlement agreements carefully
By Ashley K. Justice on Sep 18, 2025
Posted In Copyrights, Trademarks
The US Court of Appeals for the Eighth Circuit affirmed a district court judgment, finding that the plaintiff failed to sufficiently prove damages for its copyright claim, the jury instructions accurately applied the sophisticated consumer exception to initial-interest confusion, and the district court properly submitted ambiguous contract language to the jury for interpretation. Hoffmann Brothers...
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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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