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1
Rogers Gets A Rewrite: District Court Modifies First Amendment Analysis For Lanham Act Claims
Since the 1989 case of Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), courts have applied the Rogers test when an artistic work is alleged to have infringed...
United States
18 Oct 2019
2
Claim Language Could Limit Design Patent Where Specific Article Of Manufacture Not Shown In Figures
In Curver Luxembourg, SARL v. Home Expressions Inc., No. 2018-2214 (Fed. Cir. Sep. 12, 2019), the Federal Circuit held claim language could limit the scope of a design
United States
15 Oct 2019
3
IPR Petitioner's Post-Institution Theories Differing From Those Raised In Petition May Be Disregarded
In Henny Penny Corp. v. Frymaster LLC, No. 2018-1596 (Fed. Cir. Sep. 12, 2019), the Federal Circuit held the Board did not abuse its discretion in rejecting a petitioner's obviousness theory ...
United States
14 Oct 2019
4
In "Unusual" Step, Federal Circuit Reverses PTAB Factual Finding On Proper Primary Reference
The Federal Circuit took what it called an "unusual" step in Campbell Soup Co. v. Gamon Plus, Inc., Nos. 2018-2029, 2018-2030 (Fed. Cir. Sep. 26, 2019)
United States
11 Oct 2019
5
Spotlight On Upcoming Oral Arguments – October 2019
The Court has been asked to consider whether the PTAB has the discretion to properly disregard evidence that is deficient in certain technical requirements.
United States
8 Oct 2019
6
State Sovereignty Does Not Grant State The Right To Sue In Improper Venue
In Board of Regents of the University of Texas System v. Boston Scientific Corporation, No. 2018-1700 (Fed. Cir. Sept. 5, 2019), ...
United States
4 Oct 2019
7
TTAB Eighty-Sixes BIG SIX Trademark
Last month, the US Trademark Trial and Appeal Board (TTAB) found that the mark BIG SIX was generic for wine and upheld the Examining Attorney's refusal to register the mark as a result.
United States
2 Oct 2019
8
What's In A Name? TTAB Finds No Likely Confusion Between "Richard" And "Ricardo"
Applying the doctrine of foreign equivalents before the Trademark Trial and Appeal Board (the "Board") just got more complicated
United States
27 Sep 2019
9
Title Amendment: Design Patent Limitation?
Curver originally applied for a design patent directed to an overlapping "Y"-shaped pattern for "Furniture (part of-)."
United States
23 Sep 2019
10
Federal Circuit PTAB Appeal Statistics – October 2016
Through October 1, 2016, the Federal Circuit decided 120 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 95 (79.17%) of the cases, and reversed or vacated the PTAB on every issue in 9 (7.50%) of the cases.
United States
17 Sep 2019
11
September 2019 - Last Month At The Federal Circuit Podcast Series
Welcome to the Last Month at the Federal Circuit, a look at recent Federal Circuit decisions impacting the intellectual property community.
United States
12 Sep 2019
12
Podcast Series: Last Month At The Federal Circuit - September 2019
Welcome to the Last Month at the Federal Circuit, a look at recent Federal Circuit decisions impacting the intellectual property community.
United States
12 Sep 2019
13
35 U.S.C. § 314(d) Prevents Appeal Of PTAB's Decision To Deny Institution Upon Reconsideration
In BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., Nos. 19-1643, 19-1644, 19-1645 (Fed. Cir. Aug. 29, 2019), the Federal Circuit granted Aquestive
United States
12 Sep 2019
14
Claim Language "Lofty . . . Batting" Found Not Invalid On Indefiniteness And Anticipation Grounds
In Guangdong Alison Hi-Tech Co. v. International Trade Commission, No. 2018-2042 (Fed. Cir. Aug. 27, 2019), the Federal Circuit affirmed the ITC's findings that the claims of U.S.
United States
12 Sep 2019
15
"Wherein" Clauses May Be Limiting
In Allergan Sales, LLC v. Sandoz, Inc., No. 2018-2207 (Fed. Cir. Aug. 29, 2019), the Federal Circuit held that the "wherein" clauses in Allergan's method-of-treatment claims are limiting.
United States
12 Sep 2019
16
IPR Estoppel Does Not Apply To Physical Products Described In Printed Publications Available During IPR
In Polaris Indus., Inc. v. Arctic Cat Inc., the court (District of Minnesota) held that defendant was not estopped under § 315(e)(2) from asserting three invalidity combinations involving physical
United States
11 Sep 2019
17
Prove It Or Lose It: Adidas AG's Loss Of Rights In The EU Serves As Another Stark Reminder Of The Importance Of Sufficient Evidence Of Use
By way of background, in 2014 Shoe Branding Europe filed an invalidation action against adidas AG's EU Registration No. 12442166
United States
10 Sep 2019
18
Ridesharing Dispute Exposes Differences Between Strong And Weak Patents
In the late 1990's, Stephen Dickerson, then a Professor at Georgia Tech, developed what he claims is the basis for all ridesharing technology
United States
9 Sep 2019
19
"Substantially Equivalent" Method Of Obtaining Dissolution Profile Meets Written Description Requirement
In Nalpropion Pharmaceuticals v. Actavis Laboratories FL, Inc., No. 2018-1221, the Court addressed whether a particular claimed dissolution profile had the requisite written description support.
United States
5 Sep 2019
20
Recent Developments In Patent Law: Non-Obviousness Of Pharmaceutical Formulations
The development of pharmaceutical products is often expensive and unpredictable. Researchers investing the time and resources to develop a novel and non-obvious advancement over the art are rewarded with patent protection
United States
4 Sep 2019
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