precedential

Supreme Court Rules Disparagement Refusals Unconstitutional—Will Scandalous Refusals Be Next?

July, 14th, 2017

Categories: Articles, Blog Tags: CAFC, litigation, precedential, trademark, TTAB, USPTO

By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

Categories: Articles, Blog Tags: CAFC, chemical, IPR, litigation, patent, precedential, PTAB, RCE, USPTO

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

Can’t Avoid Infringement Liability For Overseas Deliveries Merely By Off-Shoring Manufacturing

June, 13th, 2017

Categories: Articles, Blog Tags: computer, litigation, patent, precedential, software

By Wesley W. Whitmyer, Jr. In denying a motion for partial summary judgment that no reasonable jury could find “sales within the United States” based on Defendant’s products that are “ordered, manufactured, shipped, billed, and [Read More…]

While Fame Is All-Or-Nothing For Some And Relative For Others, This Is Not To Be Confused At The TTAB

June, 7th, 2017

Categories: Articles, Blog Tags: CAFC, precedential, trademark, TTAB

By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]

TC Heartland LLC v. Kraft Foods Group Brands LLC

May, 23rd, 2017

Categories: Blog, News Tags: litigation, patent, precedential, whipgroup

On May 22, the Supreme Court held that defendants in patent litigation can only be sued in districts where they are incorporated or have a principal place of business. The decision, TC Heartland LLC v. [Read More…]

Dislike v. Discourage: The Metes and Bounds of Successful “Teaching Away” Arguments

May, 9th, 2017

Categories: Articles, Blog Tags: CAFC, computer, IPR, litigation, patent, precedential, PTAB, USPTO

By Benjamin N. Luehrs A patentee can overcome obvious-type rejections by establishing that a prior art reference “teaches away” from the applicant’s invention. This argument is often difficult to make, however. Unless the prior art [Read More…]

Federal Circuit Clarifies Post-AIA On-Sale Bar

May, 3rd, 2017

Categories: Articles, Blog Tags: litigation, patent, precedential, PTAB, USPTO

By Patrick D. Duplessis In the recent holding in Helsinn Healthcare S.A. v. Teva Pharmaceuticals (Fed. Cir. May 1, 2017), the Federal Circuit addressed the question of whether the Leahy–Smith America Invents Act (the “AIA”) [Read More…]

The Importance of Obviousness Arguments in an IPR

April, 26th, 2017

Categories: Articles, Blog Tags: litigation, patent, precedential

By Paul L. Fraulo and Victor P. Lin An inter partes review (IPR) provides an opportunity to challenge the patentability of one or more claims of a patent under 35 U.S.C. § 102 (anticipation) and [Read More…]