#federal-circuit

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#trademark-law
Intellectual property law
fromPatently-O
1 month ago

Federal 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
1 month ago

Descriptive 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
21 hours ago

Color Mark Denial on Dark Green Medical Gloves

The Supreme Court permits colors as trademarks, but their distinctiveness remains a challenge.
The Federal Circuit rejected a trademark claim for the dark green gloves due to their commonality.
Intellectual property law
fromPatently-O
1 month ago

Federal 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
1 month ago

Descriptive 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
21 hours ago

Color Mark Denial on Dark Green Medical Gloves

The Supreme Court permits colors as trademarks, but their distinctiveness remains a challenge.
The Federal Circuit rejected a trademark claim for the dark green gloves due to their commonality.
more#trademark-law
#patent-law
Intellectual property law
fromPatently-O
1 month ago

Ninth 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
2 months ago

Federal 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
1 month ago

Convergence: 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
1 month ago

Ninth 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
2 months ago

Federal 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
1 month ago

Convergence: 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.
more#patent-law
fromPatently-O
1 week ago
Social justice

The Hughes-Reyna Divide Continues: Dongkuk v. US

Federal Circuit reaffirms antidumping duties on Korean wind towers, highlighting judicial divides in trade case rulings.
#machine-learning
fromPatently-O
1 week ago
Intellectual property law

"Do it on AI" claims are Abstract Ideas

Generic machine learning applications are ruled ineligible for patents unless they show model improvements.
fromPatently-O
1 week ago
Intellectual property law

"Do it on AI" claims are Abstract Ideas

Generic machine learning applications are ruled ineligible for patents unless they show model improvements.
more#machine-learning
fromPatently-O
2 weeks ago
Intellectual property law

When Five Years of Use Isn't Enough: The High Bar for Highly Descriptive Marks

The Federal Circuit upheld the TTAB's finding that 'iVoterGuide' is descriptive and not protectable as a trademark.
#patent-litigation
Intellectual property law
fromPatently-O
1 month ago

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Generic pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago
Intellectual property law

Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors

The Federal Circuit upheld the district court's decision to deny SAP's motion to transfer, despite noting several procedural errors in the lower court's reasoning.
Intellectual property law
fromPatently-O
1 month ago

Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are Deductible

Generic pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago
Intellectual property law

Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors

The Federal Circuit upheld the district court's decision to deny SAP's motion to transfer, despite noting several procedural errors in the lower court's reasoning.
more#patent-litigation
#intellectual-property
fromPatently-O
3 weeks ago
Intellectual property law

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

The Federal Circuit provided key clarifications on trade secret law damages, impacting how courts may award remedies.
The proper accessibility of a trade secret is determined by potential reverse-engineering opportunities, influencing damage calculations.
fromPatently-O
3 weeks ago
Intellectual property law

Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

The Federal Circuit provided key clarifications on trade secret law damages, impacting how courts may award remedies.
The proper accessibility of a trade secret is determined by potential reverse-engineering opportunities, influencing damage calculations.
more#intellectual-property
fromPatently-O
4 weeks ago
Law

En Banc: Lesko v. US and the Future of Agency Deference Post-Loper Bright

The en banc review in Lesko v. United States may redefine the scope of agency power in interpreting overtime pay laws.
fromPatently-O
2 months ago
Intellectual property law

Federal Circuit Outcomes from the Past Four Years

The Federal Circuit's case outputs show 44% Non-Precedential Opinions, indicating limited precedential impact compared to 18% that are Precedential.
#judge-newman
fromAbove the Law
4 months ago
Law

Morning Docket: 12.27.24

Fraudulent DMCA takedown notices from a Nintendo impersonator signal ongoing challenges in digital copyright enforcement.
fromAbove the Law
4 months ago
Law

Morning Docket: 12.27.24

Fraudulent DMCA takedown notices from a Nintendo impersonator signal ongoing challenges in digital copyright enforcement.
more#judge-newman
fromPatently-O
4 months ago
Intellectual property law

Institutional Stonewalling: The Federal Circuit's Silent Treatment Through Rule 36

Stonewalling in relationships parallels the Federal Circuit's Rule 36 summary affirmances, stifling meaningful engagement and progress in legal arguments.
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