Peace, Love, and Trademarks Federal Trademark registration allows the owner of a mark to enforce their rights throughout the U.S. Once a trademark registration is filed, however, those rights can be challenged either through litigation or though opposition proceedings instituted at the USPTO. In particular, a registered trademark can be challenged on the basis that it is likely to cause […] Continue Reading →
Google Patents and Cooperative Patent Classification (CPC) Users of Google Patents might have noticed a recent update. In addition to a new interface and layout, the most exciting innovation is an improved searching function. As background, patentability requires an invention be novel and non-obvious. To determine whether these legal requirements are satisfied, the United States Patent and Trademark Office (USPTO) substantively examines pending patent […] Continue Reading →
Federal Circuit Weighs in on Abbreviated Biosimilar Applications The Biologics Price Competition and Innovation Act (BPCIA) establishes an abbreviated pathway for regulatory approval of follow-on biological products that are highly similar to a previously approved product (the reference product). The general structure of the abbreviated pathway, referred to as “biosimilar” licensure , is similar to that used for Abbreviated New Drug Applications (ANDA) under the […] Continue Reading →
Impact of eBay on Injunctive Relief Both preliminary and permanent injunctions can be crucial forms of relief in any patent case. In addition to preventing continuing infringement of a patent, an injunction puts the patent holder in a much better bargaining position for future licensing negotiations. In its eBay decision in 2006, the Supreme Court required lower courts to apply a […] Continue Reading →
Octane Fitness in Practice: Federal Circuit Applies Supreme Court Attorney Fees Standard The Supreme Court decision in Octane Fitness LLC v. ICON Health and Fitness (previously discussed on Filewrapper®) changed the standard for awarding attorney fees in patent suits to the prevailing party in exceptional cases under Section 258 of the patent statute. In Octane Fitness, the Court further defined “exceptional cases”to mean those “that stands out […] Continue Reading →
Cancellation of the Washington Pro-Football Team’s Trademark Affirmed by District Court In 2014, the Trademark Trial and Appeal Board (TTAB) cancelled six trademark registrations related to the Washington “Redskins.”The marks were found to disparage Native Americans; Section 2(a) of the Lanham Act (15 U.S.C. § 1052(a)), prohibits the registration of disparaging marks. Following the cancellation, the mark owner appealed the decision to the District Court for […] Continue Reading →
The Continuing Saga of the First IPR at the Federal Circuit The Federal Circuit has simultaneously issued an order and an opinion in In re Cuozzo Speed Technologies, LLC, previously discussed on Filewrapper® as being the first appeal arising from an inter partes review (“IPR‚¬) . The order issued by the Federal Circuit is a denial of the Petition for En Banc Rehearing to consider […] Continue Reading →