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Intellectual property law
fromPatently-O
3 months agoNinth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review
Patent misuse disputes can arise in contexts beyond the Federal Circuit's jurisdiction, as seen in C.R. Bard, Inc. v. Atrium Medical Corp.
Intellectual property law
fromPatently-O
3 months agoEstoppel Timing and Procedural Traps in Patent Challenges
The Federal Circuit affirmed mixed results from the IPRs related to Gesture Technology's patent case against major tech companies.
Intellectual property law
fromIntellectual Property Law Blog
3 months agoFederal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims
Federal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.
This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.
Intellectual property law
fromPatently-O
3 months agoConvergence: Island IP Points to Wave of Rule 36 Petitions
Island Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.
Intellectual property law
fromPatently-O
3 months agoNinth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review
Patent misuse disputes can arise in contexts beyond the Federal Circuit's jurisdiction, as seen in C.R. Bard, Inc. v. Atrium Medical Corp.
Intellectual property law
fromIntellectual Property Law Blog
3 months agoFederal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims
Federal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.
This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.
#intellectual-property
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months agoRestam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFC
The Federal Circuit affirmed PTAB's ruling that Restem did not prove Jadi Cell's patent claims unpatentable, maintaining the integrity of the patent.
Anticipation analysis for product-by-process claims remains distinct from infringement analysis as per the Federal Circuit's decision.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months agoRestam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFC
The Federal Circuit affirmed PTAB's ruling that Restem did not prove Jadi Cell's patent claims unpatentable, maintaining the integrity of the patent.
Anticipation analysis for product-by-process claims remains distinct from infringement analysis as per the Federal Circuit's decision.
#trademark-law
Intellectual property law
fromPatently-O
3 months agoFederal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers
Generic terms can attain trademark registration if consumer perception changes over time.
The timing of genericness is crucial for trademark registration decisions.
Intellectual property law
fromPatently-O
3 months agoDescriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark Dispute
The Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.
Intellectual property law
fromPatently-O
3 months agoFederal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey Makers
Generic terms can attain trademark registration if consumer perception changes over time.
The timing of genericness is crucial for trademark registration decisions.
fromPatently-O
2 months agoWhen Five Years of Use Isn't Enough: The High Bar for Highly Descriptive Marks
In the case of Heritage Alliance, the Federal Circuit upheld the TTAB's decision, stating that the terms 'iVoterGuide' and 'iVoterGuide.com' were deemed highly descriptive and did not achieve distinctiveness.
Intellectual property law
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