Archive:July 2025

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Return to In-Person Patent Trial and Appeal Board Hearings
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New Aim Misses the Mark: Federal Court Clarifies What Constitutes Confidential Information
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EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection
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Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2
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Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

USPTO Director Ends IPR Against Midas Green Technologies

On 25 July 2025, K&L Gates secured an important win for its client, Midas Green Technologies, LLC. Acting USPTO Director Coke Morgan Stewart granted Director review and denied institution of an inter partes review (IPR) petition filed by Midas Green’s competitor, Green Revolution Cooling, Inc., which had sought to invalidate U.S. Patent No. 10,405,457—currently being asserted by Midas Green in a parallel lawsuit pending in the Western District of Texas. The patent describes a modular immersion cooling system that circulates dielectric fluid to cool vertically mounted electronic appliances, such as computer servers, in a tank.

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Return to In-Person Patent Trial and Appeal Board Hearings

Effective 1 September 2025, all hearings before the Patent Trial and Appeal Board (PTAB) will be conducted in person. Parties involved must attend these hearings physically and in person unless they can demonstrate a valid reason for not doing so. Acceptable justifications typically include situations such as significant financial difficulty for the arguing attorneys, medical issues, or similar substantial barriers to travel.

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New Aim Misses the Mark: Federal Court Clarifies What Constitutes Confidential Information

The recent decision of New Aim Pty Ltd v Leung (No 4) is a timely reminder of how confidential information needs to be treated and restricted by businesses to allow it to be protected under law.

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EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection

Advocate General Nicholas Emiliou has delivered his opinion in the case Deity Shoes, S.L. v Mundorama Confort, S.L. and another (Case C 323/24). The case considers whether a footwear design made by Deity Shoes, S.L. (Deity Shoes) qualified for protection as a design in the European Union and raised important questions about the relevance of the status of the designer’s effort and skill and surrounding factors in the assessment of design.

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Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having strong Intellectual Property (IP) protection, selling through social or e-commerce platforms that have rigorous seller verification processes and educating consumers, retail and social platforms about the difference between genuine and counterfeit products, are all fundamental strategies which can be effective in the fight against online counterfeiting. Supplementing these steps with strategic enforcement action and IP protection measures are equally important.

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Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and environmental crimes.

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