Irwin IP Case Of The Week

The Article of Manufacture Requirement under 35 USC 371: USPTO seeks insights in response to technology advances

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

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Legitimate Product Review or Paid Product Promotion? Ninth Circuit Says Commercial Speech Plausibly Alleged

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

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Two “Ands” Do Not Make An “Or”

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. 

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Product Development Standing and Lessons on Teaching Away

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

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Alice/Mayo and the Printed Matter Doctrine

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

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Copyright and Trademark Owner Obtains Biting Injunctive Relief

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

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