Defendant Bears Burden of Proof in Declaratory Judgment Case -
In Medtronic, Inc. v. Mirowski Family Venture, LLC, Appeal No. 12-1128, the Supreme Court reversed the Federal Circuit’s determination that the burden of…more
Applicant Successfully Avoids Fraud Claim by Consenting to Judgment on Abandonment Claim -
In a precedential opinion, the Trademark Trial and Appeal Board granted the Applicant’s motion for entry of judgment on the…more
In Hana Financial v Hana Bank (Case No 11-56678), the US Court of Appeals for the Ninth Circuit has affirmed the district court’s decision denying Hana Financial Inc’s motion for judgment as a matter of law. The Ninth Circuit…more
The District Court Finds the TTAB Erred in Refusing to Register INTELLIGENT QUARTZ for Watches -
The USPTO refused an application by Timex to register the mark INTELLIGENT QUARTZ for watches on the basis that the mark is…more
Reckless Conduct Required for Attorneys’ Fees Award -
In Kilopass Technology, Inc. v. Sidense Corp., Appeal No.13-1193, the Federal Circuit vacated and remanded a denial of a motion seeking an award of attorneys’ fees…more
Google recently announced on its blog that its “Google-X” laboratory is testing a prototype “smart” contact lens that includes a miniaturized electronic sensor designed to measure glucose level in the wearer’stears. I thought…more
Apple Awarded Permanent Injunction -
In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial of…more
The Defendant Is Saved by the Narrow Doctrine of “Tacking” -
Hana Financial (“HFI”) sued Hana Bank for trademark infringement. Both parties provide financial services…more
Ready To Drink Wine?
Winemaker Amuse Bouche applied to register the mark “PRÊT À BOIRE,” which is French for “ready to drink.” The Examining Attorney alleged the term is generic when used in connection with wine and…more
Inequitable Conduct Found Based on Rule 131 Declaration -
In Intellect Wireless, Inc. v. HTC Corp., Appeal No. 12- 1658, the Federal Circuit affirmed the district court’s judgment of unenforceability of the asserted…more
In the first instance of a district court interpreting the patent litigation provisions of the Biologics Price Competition and Innovation Act (“Biosimilars Act”), Judge Maxine E. Chesney (N.D. Cal.) dismissed a declaratory…more
The Downfall of a “Stacked” Wine -
Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine.
Stacked Wines sought to register the mark STACKED in the…more
Late Payment of Patent Maintenance Fees Not Inequitable Conduct -
In Network Signatures Inc, v. State Farm Mutual Automobile Insurance Co., Appeal No. 12-1492, The Federal Circuit reversed summary judgment of inequitable…more
In Federal Treasury Enterprise Sojuzplodoimport v SPI Spirits Ltd, the US Court of Appeals for the Second Circuit has affirmed the dismissal of a lawsuit over certain US registered trademarks related to Stolichnayabrand vodka,…more
In This Presentation:
•Today’s Main Topic:
– How to Avoid Losing Patent Rights
– What is Intellectual Property (Class 1 Redux)?
– Making Use of Trade Secrets (Catch-up from Class…more
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