On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks...more
On July 1, 2022, Acutus Medical (”Actus”), an arrhythmia-based medical device company, reported that it completed the first of its two closings in its left-heart access portfolio sale to Medtronic. Actus, the maker of the...more
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more
12/16/2021
/ Breach of Contract ,
Cease and Desist Orders ,
Contract Terms ,
Copyright ,
Copyright Infringement ,
Distributed Ledger Technology (DLT) ,
Film Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensing Rights ,
Movies ,
Non-Fungible Tokens (NFTs) ,
Ownership of Works ,
Quentin Tarantino ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
On December 1, 2021, RefleXion Medical, Inc. (“RefleXion”), announced that the U.S. Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for...more
ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC.
Before: Taranto, Hughes, and Stoll -
Summary: For purposes of claim construction, intrinsic evidence can trump the plain and ordinary meaning of scientific conventions such...more
According to an article published in Nature Biotechnology, Harvard and MIT researchers invented a face mask for detecting SARS-CoV-2, the virus that causes COVID-19, via a user’s breath. Instead of relying on a lab, the...more
8/16/2021
/ Coronavirus/COVID-19 ,
Diagnostic Tests ,
Infectious Diseases ,
Inventions ,
Life Sciences ,
Masks ,
Medical Devices ,
Patent Applications ,
Pharmaceutical Industry ,
Public Health ,
Public Health Emergency ,
Virus Testing
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. ALSTON -
Before the United States Supreme Court; Opinion by Justice Gorsuch; Concurring Opinion by Justice Kavanaugh; On writs of certiorari to the United States Court of Appeals...more
The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed...more
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC -
Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s refusal to consider presented arguments and evidence can be a...more
On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of...more
NETWORK-1 TECHNOLOGIES, INC. v. HEWLETT-PACKARD COMPANY, HEWLETT PACKARD ENTERPRISE COMPANY -
Before Prost, Newman, and Bryson. Appeal from the United States District Court for the Eastern District of Texas.
Summary: A...more
9/25/2020
/ § 315(b) ,
§315(e) ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Judgment As A Matter Of Law ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Printed Publications ,
Prior Art
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the...more
8/26/2020
/ §314(a) ,
Apple ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Precedential Opinion ,
Trial Practice Guidance
On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business partners Seed Beauty (“Seed”) alleging trade secret infringement. According to...more
8/18/2020
/ Breach of Contract ,
Confidentiality Agreements ,
Cosmetics ,
Fashion Branding ,
Fashion Industry ,
Intellectual Property Protection ,
Irreparable Harm ,
Kardashians ,
Kim Kardashian ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets ,
TRO
COVID-19-related web applications have been popping up from the very start of the pandemic, and many, including Apple and others, have stepped up to contribute to the developments. The majority of COVID-related applications...more
6/10/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Medical Devices ,
Mental Health ,
Popular ,
Screening Procedures ,
Telehealth ,
Telemedicine ,
Trump Administration
STRATUS NETWORKS, INC. v. UBTA-UBET COMMUNICATIONS INC.
Before Moore, Lourie, and Reyna. Appeal from the Trademark Trial and Appeal Board.
Summary: The absence of explicit findings on particular DuPont factors used by...more
MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE -
Before: Newman, Lourie, and Dyk -...more
ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC.
Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware.
Summary: Broad patent claims were invalid as not...more
In July 2018, Citroën, the French car manufacturer, unveiled glasses that aid in alleviating motion sickness. The “Seetoën” glasses, developed by Boarding Ring, purports to eliminate motion sickness symptoms within about 10...more
Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board -
Summary: Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight...more
Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly successful brand recognition, the company (which operates under the...more
A new study based on a novel implantable weight loss device that was published in Nature, has shown that it was able to help rats shed almost 40 percent of their body weight. This implant device developed by engineers at the...more
Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more
12/13/2018
/ Breach of Contract ,
Choice-of-Law ,
Confidentiality Agreements ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Former Employee ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Proprietary Information ,
Restraint of Trade ,
Trade Secrets
Federal Circuit Summary -
Before Newman, O’Malley, and Chen. Appeal from the PTAB.
Summary: Patent Owner Vertnetx Inc. (“Virnetx”) was collaterally estopped from arguing that a reference was not a printed publication...more
12/11/2018
/ America Invents Act ,
Appeals ,
Appellate Record ,
Collateral Estoppel ,
Failure To Preserve ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents ,
Pre-AIA Patents ,
Printed Publications ,
Retroactive Application ,
Rule 36
Federal Circuit Summary -
Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas.
Summary: When the only unconventional feature of the patent claim is what has already been...more
8/17/2018
/ Abstract Ideas ,
Appeals ,
CLS Bank v Alice Corp ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Reaffirmation ,
Section 101 ,
Software Patents
On May 30, 2018, the U.S. Food and Drug Administration launched an innovation challenge as a way to combat the fight against opioid addiction. The challenge was issued to “spur the development of medical devices, including...more