In re Brunetti, No. 2023-1539 (August 26, 2025) (precedential) (2-1); U.S. Trademark Application Nos. 88308426, 88308434, 88308451, and 88310900

Key point:

• A trademark application may be refused for “failure to function” if the proposed mark is perceived by consumers only as a widely used message or expression, rather than as an indicator of source.

Hyatt v. Stewart, No. 2018-2390 (Aug. 29, 2025) (precedential) (3-0)

Key point:

• The USPTO may assert prosecution laches as a defense in a § 145 action, and Hyatt’s decades-long delay in prosecuting his “GATT Bubble Applications” was unreasonable and prejudicial.

Google LLC v. MindbaseHQ, No. 2023-1622 (Aug. 28, 2025) (non-precedential); U.S. Patent Nos. 6,510, 433 and 6,665,680

Key point:

• The PTAB may not exclude reply arguments that elaborate on theories in the petition, as such arguments are not “new.”

Google LLC v. Sonos, Inc, No. 2024-1097 (August 28, 2025) (non-precedential); U.S. Patent Nos. 10,469,999; 10,848,885; 10,779,033

Key point(s):

• Invalidity based on new matter in a continuation application flows from § 112, not §102
• Prosecution-laches prejudice cannot result from incorporating into a product a later-claimed feature disclosed in an application published before that feature was added

Global Health Solutions LLC v. Selner, Inc, No. 2023-2009 (August 26, 2025) (precedential) (3-0); U.S. Patent Application No. 15/549,111 and 15/672,197

Key point(s):

• In an AIA derivation proceeding, a petitioner must prove both prior conception and communication of the invention, but the test is not first-to-invent
• A first-filer retains his rights if there was independent conception.