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…]

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…]

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…]

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…]

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…]