OMAHA STEAKS INTERNATIONAL v. GREATER OMAHA PACKING CO.
Federal Circuit Summary Before Prost, O’Malley, and Stoll. Appeal from the Trademark Trial and Appeal Board Summary: Advertising costs and sales figures are relevant in determining whether a...
View ArticleEquitable Defenses at the PTAB
Assignor Estoppel Precluded by AIA Statutes…But What of Other Equitable Defenses? The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after it...
View ArticleANCORA TECHNOLOGIES, INC. v. HTC AMERICA, INC.
Federal Circuit Summary Before Dyk, Wallach, and Taranto. Appeal from the United States District Court for the Western District of Washington Summary: Claims directed to improving computer security by...
View ArticleHAMILTON BEACH BRANDS, INC. v. F'REAL FOODS, LLC
Federal Circuit Summary Before Reyna, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board Summary: A party must file a cross-appeal when their argument requires modification of a...
View ArticleENPLAS DISPLAY DEVICE CORP. v. SEOUL SEMICONDUCTOR CO.
Federal Circuit Summary Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Reasonable royalty patent damages cannot...
View ArticleDirector Iancu to Unravel Panel Stacking Decision?
Director’s Precedent Setting Power Likely to Unravel Issue Joinder? Four years ago, a divided panel of the Patent Trial & Appeal Board (PTAB) denied issue joinder under 35 U.S.C. § 315(c) as a...
View ArticleBALENCIAGA IS NOT OUT OF THE WOODS—LITTLE TREES AIR FRESHNERS ARE AT THE...
On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of...
View ArticleFederal Circuit Weighs In on Converse’s Midsole Trade Dress
On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S....
View ArticleModern Meadow: Patenting Lab-Grown Leather
In 2017, New Jersey based biotech startup Modern Meadow launched Zoa, which it considers “[t]he world’s first bioleather materials brand.” Zoa, a name derived from the Greek term for life, zoi,...
View ArticleBeware Prosecution History in PTAB Trials
Even Preliminary Proceeding Arguments Notice the Public It is well-established that statements made by a Patent Owner during an inter partes review (IPR) can constitute prosecution disclaimer— even in...
View ArticleSCHLAFLY V. THE SAINT LOUIS BREWERY, LLC
Federal Circuit Summary Before Newman, Mayer, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary: Words that are primarily a surname can be registered as trademarks if they have...
View ArticleMAXCHIEF INVESTMENTS LIMITED V. WOK & PAN, IND., INC.
Federal Circuit Summary Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of...
View ArticleLeveraging SAS Leftovers to Avoid PTAB Institution
Efficiency Considerations Determined at the Time of Institution Since the unraveling of partial institution practices in SAS Institute, stakeholders have speculated that the Patent Trial & Appeal...
View ArticleLife Science Patenting to Iancu – “We need help too!”
In his remarks presented at the recent 10th Annual Patent Law & Policy Conference at Georgetown University Law School, USPTO Director Andrei Iancu outlined the analytical framework for the new,...
View ArticleInvalidating Patents Under §101 in the Early Stages of Litigation Still...
Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice....
View ArticleNike's Shoe Patents Outrun Puma's Challenge
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an...
View ArticleWill New PTO Guidance Be The Antidote to Alice In The Medical Device...
Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This...
View ArticlePTAB Precedential Opinion Panel to Consider Issue Joinder
PTAB Issue Joinder Practices to End As I predicted a few weeks back, the Patent Trial & Appeal Board is now moving Proppant Express Investments, LLC, Proppant Express Solutions, LLC v. Oren...
View ArticleAbbott Obtains FDA Approval for HeartMate 3 Device
Abbott announced on October 19, 2018 that its HeartMate 3 Left Ventricular Assist Device (LVAD) has received U.S. Food and Drug Administration (FDA) approval as a destination therapy for people living...
View ArticleLAERDAL MEDICAL CORP. V. ITC
Federal Circuit Summary Before Lourie, O’Malley, and Stoll. Appeal from the United States International Trade Commission. Summary: After institution, the Commission cannot without opposition or...
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