Chief Judge Michel weighs in on two aspects of the Patent Reform Act of 2007 In a letter to Senators Patrick Leahy and Orrin Hatch, Chief Judge Paul Michel of the Federal Circuit expresses concern with two provisions of the Patent Reform Act of 2007 (H.R. 1908 and S. 1145). The letter, dated May 3 (two weeks after the bills were introduced), addresses what Chief Judge Michel perceives to be […] Continue Reading →
Ninth Circuit: have another look at those two moose – denial of preliminary injunction vacated In a decision Tuesday, the Ninth Circuit vacated a district court's denial of a preliminary injunction to Abercrombie & Fitch over an alleged infringement of its "Moose" marks by Moose Creek, a competing clothing company. The Ninth Circuit found that the district court had misapplied several of the factors used in the Ninth Circuit to […] Continue Reading →
First Circuit: “M4” generic for certain carbine firearms, summary judgment affirmed The First Circuit on Friday held that, in the context of certain carbine firearms, the term "M4" was generic, and therefore not subject to trademark protection. The court found that notwithstanding a registration on the principal register, the evidence presented was such that the only reasonable inference was that M4 was generic in the minds […] Continue Reading →
Federal Circuit affirms inequitable conduct finding, Judge Newman not happy about it In a second opinion today, the Federal Circuit affirmed a district court's finding of inequitable conduct based on the nondisclosure of three pieces of information to the USPTO. The patentee had two similar pending applications at the USPTO, and in fact had cited the same prior art in both applications via information disclosure statements. In […] Continue Reading →
Federal Circuit reverses lost profits award and finding of personal liability In a decision today, the Federal Circuit reversed a jury's award of damages based on lost profits as well as personal liability against the defendant corporation's principal. The district court let the issue of lost profits damages go to the jury, but the Federal Circuit determined that, as a matter of law, the court should […] Continue Reading →
House subcommittee sends Patent Reform Act of 2007 to full Judiciary Committee The House subcommittee on Courts, the Internet, and Intellectual Property this week has approved the House version of the Patent Reform Act of 2007 (H.R. 1908). The bill now goes to the full House Judiciary Committee for further review before going to the House for a full vote. Although this is a key first hurdle […] Continue Reading →
Preliminary injunction against Google image search’s display of copyrighted images reversed In a lengthy and tech-heavy opinion [Update (12/4): the court has released an amended opinion, available here], the Ninth Circuit this week reversed a preliminary injunction against Google restricting its image search from displaying thumbnails of images copyrighted by Perfect 10, Inc. There are several aspects of the ruling of interest, such as: Holding that […] Continue Reading →
Coalition of over 100 companies expresses concerns over the Patent Reform Act of 2007 In a letter to democratic and republican leadership as well as the members of the House and Senate judiciary committees, the Innovation Alliance, along with over 100 other companies, expressed concern over many of the proposed reforms in the Patent Reform Act of 2007 (H.R. 1908 and S. 1145). The group states that many of […] Continue Reading →
Proper successor shielded from patent infringement claim In General Mills, Inc. v. Kraft Foods Global, Inc., the Federal Circuit affirmed the judgment of the district court holding that General Mills's claim for patent infringement against Kraft Foods was barred by a covenant not to sue that General Mills granted to Farley Candy Company, Kraft's predecessor in interest. In affirming the district court's […] Continue Reading →
Federal Circuit: Board can’t use its own expertise as evidentiary substitute in interferences The Federal Circuit today held that during inter partes proceedings, the Board of Patent Appeals and Interferences (the Board) cannot, under the Administrative Procedure Act (APA), rely on its own expertise when making factual findings if there is no evidence of record supporting its conclusion. The court did not opine whether this limitation extended to […] Continue Reading →