Federal Circuit Summaries -
Before Dyk, Moore, and Stoll. Appeal from the Trademark Trial and Appeal Board.
Summary: The bar in § 2(a) of the Lanham Act against registering immoral or scandalous trademarks is an...more
12/21/2017
/ Appeals ,
Commercial Speech ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Lanham Act ,
Public Forum ,
Scandalous/Immoral Marks ,
Standard of Review ,
Substantial Government Interest ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The Federal Circuit issued an en banc decision instructing the PTAB to assess patentability of amended claims in IPR proceedings without placing the burden of persuasion on the patent owner. Aqua Products, Inc. v. Matal, No....more
10/9/2017
/ Appeals ,
Burden of Persuasion ,
Claim Amendments ,
Inter Partes Review (IPR) Proceeding ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Post-Grant Review ,
Remand ,
Reversal ,
USPTO
The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,...more
8/18/2017
/ Administrative Proceedings ,
Appeals ,
Appellate Rules ,
Article III ,
Electronic Frontier Foundation ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Standing
The PTAB recently designated as precedential its 2013 decision that assignor estoppel is not a defense for patent owners in IPR proceedings in Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., IPR2013-00290,...more
The Supreme Court granted a petition for writ of certiorari to address whether the PTAB is required to issue a final written decision with respect to the patentability of every claim challenged by a petitioner in SAS...more
5/31/2017
/ Appeals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Petition for Writ of Certiorari ,
SAS Institute Inc. v Lee ,
SCOTUS ,
USPTO
The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to support a finding of...more
Old Republic’s IPR petition was effectively unopposed due to a defect in the chain of assignment, which led the PTAB to hold all claims unpatentable without considering arguments or evidence submitted in favor of...more