Federal Circuit affirms introduction of evidence in IPR petitioner’s reply briefs By Joseph M. Hallman On November 25, 2020, in VidStream LLC v. Twitter, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed an appeal from the Patent Trial and Appeal Board (“PTAB”) holding evidence introduced by the petitioner in a reply brief of an inter partes review (“IPR”) proceeding, after the petition had been […] Continue Reading →
“Naked” at the Federal Circuit By Julie L. Spieker On December 4, 2020, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) denied petitions by Naked TM, LLC for a panel rehearing and a rehearing en banc of the decision in Australian Therapeutics Supplies Pty. Ltd. v. Naked TM, LLC, 965 F.3D 1370 (Fed. Cir. 2020). The Trademark Trial and Appeal Board […] Continue Reading →
Judicial and Executive Branches split over Subject Matter, New Legislation may be Coming Earlier this month the U.S. Court of Appeals for the Federal Circuit (CAFC) heard another appeal in the Cleveland Clinic v. True Health cases. In their appeal, one of Cleveland Clinic’s arguments that their claims were valid was because Skidmore deference should apply to the Examiner’s decision to allow the application to issue in light […] Continue Reading →
Resolving Circuit Splits: Supreme Court Addresses Issues Regarding Legal Fees By Blog Staff On March 4, 2019, the United States Supreme Court granted certiorari in Iancu v. NantKwest, Inc. to settle the debate over what “all the expenses” means under the U.S. Patent and Trademark Office’s (USPTO) win-or-lose attorney fee policy. This controversial policy involves seeking attorneys’ fees from applicants, regardless of the outcome of a case. During […] Continue Reading →
Athena Diagnostics v. Mayo Collaborative Services Part 2, or: For the Benefit of Us All Part 1 of the review of Athena Diagnostics v. Mayo Collaborative reviewed how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part II below examines the dissent from Judge Newman and how it aligns with both precedent and […] Continue Reading →
Athena Diagnostics v. Mayo Collaborative Services Part 1, or: How I Learned to Stop Worrying and Love the Inconsistencies Part 1 of the review of Athena Diagnostics v. Mayo Collaborative will look at how the Majority Opinion is at odds with precedent and the most recent United States Patent & Trademark Office (USPTO) Subject Matter Guidelines published last month. Part 2 will look at the dissent from Judge Newman and how it fits better […] Continue Reading →
Jury Orders Mongols Motorcycle Club to Forfeit Trademark By The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s […] Continue Reading →
An IPR Appellant Must Establish an Injury to Have Standing By Blog Staff In JTEKT Corp. v. GKN Auto. Ltd., Appeal No. 2017-1828 (Fed. Cir. Aug. 3, 2018), the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an inter partes review (IPR) appeal due to lack of standing. The requirement for an appellant to establish an injury in fact remains firm. JTEKT petitioned for an […] Continue Reading →
Federal Judge Rules Embedded Tweet Violated Copyright By In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their websites without permission. Judge Forrest’s decision to grant the plaintiff’s motion for partial Summary Judgement is sure to be controversial and could prove […] Continue Reading →
Federal Circuit Emphasizes “Why” is Important Part of Obviousness Rationales in Chemical Patent Cases In a recent decision by the Federal Circuit Court of Appeals, In re Stepan Company, the Federal Circuit reversed the Patent Trial and Appeal Board decision to affirm an examiner’s rejection that claims were obvious. The claims in the application were directed to ultra-high load, aqueous glyphosate salt-containing concentrates comprising water, a glyphosate salt in […] Continue Reading →