Can Consumer Products be Expressive Works?
Trademark Peyton Kreuscher Trademark Peyton Kreuscher

Can Consumer Products be Expressive Works?

Exploring the Ninth Circuit’s unprecedented broadening of the Rogers test as a heightened standard for determining trademark infringement of expressive works and the potential implications of Supreme Court review of VIP Products LLC v. Jack Daniel’s Properties, Inc. in March 2023.

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<em>American National v. Sleep Number Corporation</em>
Patents, Federal Circuit Armand Keshishian Patents, Federal Circuit Armand Keshishian

<em>American National v. Sleep Number Corporation</em>

On November 14, 2022, the federal circuit court released a precedential opinion on an appeal from the Patent Trial and Appeal Board. The court’s opinion affirmed and clarified the Board’s decision. The case hinged on multiple claims’ of patentability regarding Sleep Number’s mattress pressure programming and in what ways Sleep Number could amend their claims in anticipation of an inter partes review. The court held that the Board was correct in rejecting multiple unpatentability arguments from American National Manufacturing and further held that some Sleep Number claims were unpatentable. 

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