The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a decision focusing on the doctrine of equitable intervening rights. Specifically, the CAFC affirmed that equitable intervening rights can apply even if a party has already recouped its investment in the infringing technology. John Bean Technologies Corporation (“John Bean”)
The Court of Appeals for the Federal Circuit (“CAFC”) affirmed a final judgment ruling that Infinity’s four patents—involving using a fax machine as a printer or scanner for a personal computer—are invalid as indefinite because the patent applicant had asserted conflicting definitions of the claim term “passive link” during prosecution
A Magistrate Judge for the Southern District of New York recently issued a Report and Recommendation (“R&R”) concluding that the color pattern of a traditional Rubik’s cube was not functional and thus entitled to trademark protection. Rubik’s Brand Limited (“RBL” or “Rubik’s”) sued Flambeau, Inc. (“Flambeau”) alleging infringement of RBL’s
Windy City Innovations, LLC (“Windy City”), assignee of U.S. Patent No. 8,458,245 (the “245 patent”) entitled “Real Time Communications System,” brought a patent infringement action against Facebook Inc. (“Facebook”) for alleged infringement of the ’245 patent. Facebook filed for summary judgment on grounds that the ’245 patent was invalid under
The United States Patent and Trademark Office (PTO) recently sought public input into the proper interpretation the article of manufacture requirement (AoM) for design patents under 35 U.S.C. 171 (including, specifically, whether it should protect digital designs that encompass new and emerging technologies, such as projected, holographic, virtual -reality and
You are likely familiar with Pocky, a popular stick-shaped biscuit cookie dipped in chocolate. Lotte, a South Korean conglomerate, makes its own version, called Pepero. On October 8, 2020, the Third Circuit affirmed the district court’s holding that the biscuit cookie product’s design was functional, and ineligible for trademark protection.
Ariix, a nutritional supplement company, brought action against NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements (the “Guide”), which NutriSearch expressly claims is an evidence-based comparison of nutritional supplements without any particular bias. Not so said Ariix, NutriSearch’s Guide is merely a sophisticated marketing sham designed to
The Patent Trial and Appeal Board (the “PTAB”) recently held, on remand from the Court of Appeals for the Federal Circuit (the “CAFC”), that five claims of Prisua’s U.S. Patent No. 8,650,591 (directed to a system for editing a video stream; see, e.g., patent Fig. 3, below) were invalid as
The Court of Appeals for the Federal Circuit (“CAFC”) reversed a summary judgment ruling that uCloudlink infringed Plaintiff SIMO’s patent on cell phone virtual SIM technology, finding the Southern District of New York erred in construing the term “and” to mean “and/or” to make a claim cover a disclosed embodiment.
The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed standing to challenge a competitor’s patent based on significant investment into and likely use of a potentially infringing product. The CAFC also vacated a decision of the Patent Trial and Appeal Board (“the Board”), affirming that the standard for
The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a decision providing guidance for analyzing patent eligibility under 35 U.S.C. § 101 when a claim includes limitations directed to “printed matter.” C.R. Bard., and Bard Peripheral Vascular, Inc. (collectively, “Bard”), and AngioDynamics, Inc. (“AD”) are manufacturers of vascular
The Eastern District of Michigan granted a preliminary injunction against dental instrument supplier UL Amins Industries and Hammad Ashiq (“Defendants”) for allegedly selling counterfeit dental bur kits that infringe plaintiffs’, Versah LLC’s (“Versah”) and Huwais IP holding’s (“Huwais”), copyrights and trademarks.[1] The court decided the Plaintiffs were able to demonstrate
On December 7, 2020, Japanese-based Hamamatsu was ordered by the Court of Appeals for the Federal Circuit (“CAFC”) to transfer ownership of their U.S. and foreign patents to Harvard University-backed SiOnyx. In light of the terms of the parties’ nondisclosure agreement (NDA), the Federal Circuit held that the lower court
The Court of Appeals for the Federal Circuit (the “CAFC”) held that the Patent Trial and Appeal Board (the “PTAB”) properly considered evidence submitted with the Petitioner’s reply supporting the prior art status of references relied upon in its petition for inter partes review. Thus, the CAFC upheld the PTAB’s
Changing the future of Hatch-Waxman litigation, the Federal Circuit held as a matter of first impression that for purposes of venue under Hatch-Waxman Act claims, acts of infringement occur where actions related to the Abbreviated New Drug Application (ANDA) submission occur. Thus, a plaintiff has only two options to file
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