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Federal Circuit proposes revised circuit rules

The Federal Circuit Court of Appeals has proposed changes to its Circuit Rules. The revised rules would require parties, in addition to filing paper copies of briefs and appendices, to also file the briefs and appendices in electronic form unless counsel certifies that filing an electronic copy would not be practical or constitute hardship. The […]

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Ketchup makers battle over rights to “red zone”

Ketchup giant Heinz and rival ketchup maker Red Gold are embroiled in a trademark dispute over the right to use “Red Zone” in promotions associated with football games. In football, the red zone is the common name of the area between the 20-yard line and the end zone, and a team’s offense is often measured […]

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University of Texas sues over use of “sawed-off” horns logo

The University of Texas has sued Aggieland Outfitters, a retailer in College Station, Texas (home of rival university Texas A&M) over its use of a modified version of the Texas Longhorns logo. The original logo and the modified version appear below: The retailer has been selling merchandise bearing the "sawed off" logo since 1997, but […]

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“Critical” ratio in claim does not get the benefit of the doctrine of equivalents

Today’s lesson from the Federal Circuit: be careful not to make a claim limitation “critical,” or you may lose the benefit of the doctrine of equivalents for that element. The court found that the claimed weight ratio of two drugs was critical in part because other claims recited a range of ratios, but the claim […]

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Appeals Court holds Transclean Corporation to its stated position

The United States Court of Appeals for the Federal Circuit decided in Transclean v. Jiffy Lube that Transclean should be bound by its repeated statements proffered during the course of litigation and not be allowed to take a contrary position during a second phase of litigation. Transclean is the sole licensee of U.S. Patent No. […]

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Trademark “use in commerce” must be lawful to build trademark rights

When is a use in commerce not sufficient to build trademark rights? When that use is unlawful. The Ninth Circuit, in a dispute between two manufacturers of antioxidants made from olive extract, held in an issue of first impression in that circuit that unlawful use in commerce cannot support federal trademark rights. This decision agrees […]

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Roundup of media coverage of “MedImmune v. Genentech” decision

After last week's Supreme Court decision in MedImmune v. Genentech holding a patent licensee in good standing need not breach the license agreement in order to bring a claim that the patent is invalid, not infringed, or unenforceable, the media has begun to offer its perspective on the case. Below is a sampling of the […]

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2006 TTAB year in review

John Welch at The TTABlog has compiled a list of all citable opinions of the TTAB in 2006 organized by the substantive legal issue in each decision. This is a useful tool when looking for the most recent TTAB case law on a particular issue. The 57 citable decisions in 2006 are almost double the […]

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Limitations of a Claim Come from the Claim Language Itself

In E-Pass Technologies (“E-Pass”) v. 3Com Corp., Palm Inc., palmOne, Inc. and Handspring, Inc. and Visa International Service Association and Visa U.S.A., Inc. and Palmsource, Inc. (“3Com”), the district court’s holding of final summary judgment of non-infringement by 3Com was affirmed by the Federal Circuit. At issue was a patent (“the ‘311 patent”) entitled “Method […]

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Starbucks loses Korean appeal, Starpreya can continue to use name there

The Korean Supreme Court today denied an appeal by Starbucks to cancel a rival's trademark there. Specifically, the Court noted that Starbucks was not well-known in Korea when the rival coffee provider (who uses a similar logo) registered its trademark. MVS previously blogged about the appeal here. This case, along with the ongoing saga between […]

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