USPTO changes address for Madrid Protocol applications and related papers In a Federal Register notice today, the USPTO announced that it has changed its address for international trademark applications under the Madrid Protocol and related correspondence. The full list of affected papers includes: International applications under § 7.11, subsequent designations under § 7.21, responses to notices of irregularity under § 7.14, requests to record changes […] Continue Reading →
Ninth Circuit: Disinfectable not trademarkable The Ninth Circuit Court of Appeals yesterday issued a decision regarding whether the term "disinfectable" could serve as a trademark in the context of nail files and related goods. The court held that it could not, as disinfectable was the generic term for a product that is capable of being disinfected. As a result, the […] Continue Reading →
The Truth Be Told, “Lawyers” are Generic The truth is finally out — "Lawyers" are generic. Really, "lawyers.com" is generic. In a case before the Federal Circuit, the Court affirmed the holding of the Trademark Trial and Appeal Board (TTAB) which denied registration of the mark LAWYERS.COM for providing an online interactive database featuring information exchange in the fields of law, legal […] Continue Reading →
Willful infringement affirmed; injunction vacated in light of eBay The Federal Circuit affirmed a finding of willful infringement against a medical device manufacturer, but vacated a permanent injunction entered based on the old injunction standard to be reevaluated by the district court in light of the Supreme Court’s decision in eBay v. MercExchange. The infringer obtained opinions of counsel regarding infringement at two different […] Continue Reading →
Splenda leaves a bitter taste in competitors’ mouths The business may be all about sweetness, but the competition can be bitter. That's the story right now in the artificial sweetener business, with much of the action centered around sucralose, the sweetener in Splenda®. The sweetener is the subject of several currently pending cases. In the first, rival sweetener maker Merisant, maker of Equal® […] Continue Reading →
Outdoor outfitters at odds over outerwear, order overturned Competing sporting goods retailers Bass Pro Shops and Cabela's faced off in the Federal Circuit. The parties were involved in an earlier patent infringement suit where Bass Pro Shops sued Cabela's for infringing its patent relating to a vest with a "pivotable seat member." The parties settled that suit, and the court entered an order […] Continue Reading →
USPTO to partner with National Inventors Hall of Fame and Ad Council to promote innovation in youths Today the USPTO scheduled a press conference for Tuesday, April 10, to discuss details of a new public service advertising campaign to "engage a new generation of children to make innovation, invention and technological development an integral part of their lives." The USPTO will be partnering with the National Inventors Hall of Fame Foundation, operators […] Continue Reading →
Reebok files patent infringement against Nike over collapsible shoes Earlier this week, #2 shoe manufacturer Reebok sued #1 shoe manufacturer Nike for patent infringement. The patent at issue, number 7,168,190, just issued in the end of January, and relates to collapsable shoe technology. The idea is that the shoe design allows it to be rolled or folded for easier packing into, for example a […] Continue Reading →
Certificate of correction invalid, infringement case continues with original claims The Federal Circuit yesterday voided a certificate of correction which had been issued changing the scope of a patent's claims. Because the error corrected broadened the claims and was not the type of error that was "immediately apparent and leave no doubt as to what the mistake is," the certificate of correction was inappropriate. As […] Continue Reading →
Another post-MedImmune declaratory judgment jurisdiction decision The Federal Circuit addressed the requirements for declaratory judgment jurisdiction in a published decision for the second time this week. This time the parties are pharmaceutical companies, but the result is the same: the lower court, applying the old "reasonable apprehension of suit" standard, found no jurisdiction, the Federal Circuit, applying a post-MedImmune standard reverses, […] Continue Reading →