The America Invents Act (AIA) instituted sweeping changes in U.S. patent law, including creating new proceedings for third parties to challenge an issued patent before the Patent Trial and Appeal Board (PTAB).

The authors analyze a case now before the Fourth Circuit on the scope of protection under the Lanham Act for a company that used a drug trademark only in a foreign country but whose mark was copied by a competitor selling the same drug in the U.S.