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Joseph Sherling

As seen in: JD Supra, Cannabis Industry Journal
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Articles by Joseph Sherling

Federal Circuit Weighs in Again on Obviousness-Type Double Patenting to Limit In re Cellect and Preserve PTA for First-Filed, First-Issued Patents | JD Supra

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By Joseph Sherling, Emer Simic
| JD Supra
Obviousness-type double patenting (ODP), a judicially-created ground of patent invalidity, has become the subject of intense interest after the Federal Circuit issued two decisions refining the application of the doctrine in a little over a year. This update discusses these recent developments, which impact the amount of U.S. patent terms that may be enjoyed by patent owners.
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Client Alert: SCOTUS Holds that Federal Trademark Law Cannot Be Applied to Foreign Conduct in Abitron v. Hetronic | JD Supra

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By Andrea Stein Fuelleman, Joseph Sherling
| JD Supra
On June 29, 2023, the Supreme Court ruled that the Lanham Act does not apply to infringing use of a trademark outside of the United States. In doing so, the Court overturned a damages award of over $90 million associated with Abitron’s foreign sales of infringing products.
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Registering Trademarks in the Cannabis Space

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By Joseph Sherling
| Cannabis Industry Journal Verified
As the legality and availability of hemp and non-hemp cannabis products continues to grow, having strong, recognizable brands will become increasingly important in order to stand out from the competition. Unfortunately, strong brands invite knock-offs and can require aggressive policing. Registering your trademarks makes policing much easier, but registration of marks used to sell hemp and non-hemp cannabis products requires strategy and forethought. Why Register?
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