Third Circuit: Evidence of secondary meaning must correspond to the asserted mark

In a decision Wednesday, the Third Circuit affirmed a district court's grant of summary judgment in a trademark case, finding the asserted mark not protectible as a matter of law.The district court granted summary judgment that the mark was generic. On appeal, the Third Circuit held there was a genuine issue of fact as to […]

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FDA research safe harbor does not extend to devices not subject to FDA approval

In a decision Tuesday, the Federal Circuit affirmed a district court's holding of patent infringement on the basis that the "safe harbor" provision of the Hatch-Waxman Act, § 271(e)(1), did not insulate the accused activity from infringement and that the district court did not err in granting a judgment as a matter of law in […]

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Finding of inequitable conduct without considering materiality vacated

In a decision on Friday, the Federal Circuit reversed a district court's summary judgment of invalidity and noninfringement and subsequent finding of inequitable conduct. The court also vacated the district court's exceptional case finding and the associated award of attorney's fees.The plaintiff was initially awarded partial summary judgment of infringement of six patents. The district […]

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USPTO proposes limitations on fax submissions and font size

In a Federal Register notice published today, the USPTO is proposing to limit the types of documents that may be submitted to the Office via fax, as well as mandating a larger font size in documents submitted to the Office. With regard to the fax limitation, the revised rules would prohibit most types of submissions […]

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When exclusion order based on multiple patents, failure to appeal under each may render appeal moot

In a decision last week, the Federal Circuit affirmed the United States International Trade Commission's finding of infringement and validity. The claims were brought under three patents that all claimed priority to a common parent application, and thus would ordinarily all expire on the same day. However, one of the three patents was subject to […]

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Patry copyright blog is no more

It's a sad day in the blogosphere, as Bill Patry, author of Patry on Copyright and the Patry Copyright Blog, has announced he is shutting down his blog. We've linked to Professor Patry's commentary on copyright law on many occasions, and his additional insight into copyright issues will be missed. Other blogs noting his departure: […]

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Arguments made distinguishing prior art spell doom for broader claim construction

In a decision last week, the Federal Circuit affirmed a district court's claim construction and related grant of summary judgment of non-infringement.The court affirmed the construction in part because the plaintiff's interpretation of the claim elements was at odds with the plaintiff's stance during the prosecution history. Specifically, the patentee added the element in question […]

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Federal Circuit addresses scope of immunity waiver for copyright and DMCA claims

In a decision Friday, the Federal Circuit affirmed a decision from the United States Court of Federal Claims dismissing a copyright holder's claims for lack of jurisdiction on the ground that the Government had not waived sovereign immunity. The suit arose from alleged copyright infringement and an alleged violation of the Digital Millennium Copyright Act […]

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Federal Circuit provides more post-KSR guidance for obviousness for chemical compounds

In a decision Monday, the Federal Circuit affirmed a district court's decision finding asserted claims of a patent valid and enforceable. Specifically, the court affirmed a finding that the asserted claims were nonobvious as a matter of law, and that the evidence did not support a finding of inequitable conduct. The Federal Circuit, applying KSR […]

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Tenth Circuit: MedImmune declaratory judgment jurisdiction test applies in trademark cases

In a decision last week, the Tenth Circuit reversed a district court's decision that Article III jurisdiction did not exist over a declaratory judgment action in a trademark case. At issue was whether a triable case or controversy within the meaning of Article III existed in declaratory judgment action regarding trademark infringement. The district court, […]

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