Jolie B. Schenerman
Subscribe to Jolie B. Schenerman's PostsJolie Schenerman is a member of McDermott Will & Schulte's Litigation Group. Read Jolie Schenerman's full bio.
IPR estoppel doesn’t extend to ongoing ex parte reexamination
By Jolie B. Schenerman on Dec 11, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial & Appeal Board, concluding that inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte reexamination proceedings and that the Board may retain jurisdiction over a patent even after its expiration. In...
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Enablement: Skilled artisan’s knowledge no substitute for adequate written description
By Jolie B. Schenerman on Oct 30, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s (Commission) decision that a water filtration patent was invalid for lack of written description and enablement because the scope of the asserted claim was not enabled by the patent’s specification. Brita LP v. International Trade Commission, Case No. 24-1098 (Fed....
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Standing: Don’t get owned by incorrect trademark ownership
By Jolie B. Schenerman on Sep 4, 2025
Posted In Trademarks
The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner of the trademark failed to ratify the action and therefore the plaintiff did not have standing to...
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