Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
Justin J. Gillett & Susan E. Pratt, Ph.D.
IN RE: ERIK BRUNETTI
Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board.
Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to register a commonplace word because the TTAB’s decision lacked clarity.
Words Matter: “Identical” Does Not Mean “Identical to a Portion Of”
Douglas B. Wentzel & Tyler S. Cox
LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES LLC
Before Lourie, Dyk, and Cunningham. Appeal from the United States District Court for the District of Delaware.
Summary: The Federal Circuit reversed the district court’s denial of JMOL of non-infringement, which rested on an incorrect construction of “identical” and was not supported by substantial evidence.
Bait, Switch, and Retrial: Federal Circuit Rebukes Trial Arguments That Reneged on Prior Representations
Daniel Kiang & Nicole E. Kim
MAGĒMĀ TECHNOLOGY LLC v. PHILLIPS 66
Before Moore, Stoll, and Bumb. Appeal from the District Court for the Southern District of Texas.
Summary: A district court abused its discretion by permitting a defendant to argue to a jury that actual testing was required to show infringement, after the same party successfully opposed a motion to compel by representing such testing was not necessary.
The Consequences of Converting Voluntary Dismissals
Jacob R. Rosenbaum & Jamal Perry
FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION
Before Reyna, Bryson, and Stoll. Appeal from the United States District Court for the Western District of Texas.
Summary: The district court’s conversion of the plaintiff’s voluntary dismissal to a dismissal with prejudice made the defendant the prevailing party.
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