Ninth Circuit Determines That Plaintiffs Must Prove Likelihood of Irreparable Harm to Obtain a Preliminary Injunction in Trademark

On December 2, 2013, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Herb Reed Enterprises, LLC v. Florida Mgmt., Inc.; Larry Marshak (9th Cir. December 2, 2013). In this case,  Larry Marshak and his company Florida Entertainment Management, Inc. (Marshak) had appealed the district court’s grant of a preliminary injunction in… […]

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Federal Circuit Affirms Jury Verdict of Invalidity for Lack of Written Description in Spinal Disc Case

In October, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Synthes USA, LLC and Depuy Synthes Products, LLC. v. Spinal Kinetics, Inc.,_F.3d _ (Fed. Cir. 2013). Synthes USA and Depuy Synthes Products (Synthes), the plaintiffs-appellants, appealed from a jury verdict of non-infringement of U.S. Patent Continue reading

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Federal Circuit Emphasizes That State of the Art Evidence Must be Considered in Obviousness Analysis

On October 30, 2013, the U.S. Court of Appeals for the Federal Circuit decided Randall Mfg. v. Rea. _F. 3d_ (Fed. Cir. 2013). Randall Manufacturing (Randall), the appellant in the case, had appealed the decision of the Board of Patent Appeals and Interferences (Patent Trial and Appeal Board) to reverse the patent examiner’s rejection of… […]

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After Final Office Action Consideration Project is Extended

  The US Patent and Trademark Office (PTO) has extended the time frame for the After Final Consideration Pilot (AFCP) program until at least  September 30, 2014.  The AFCP provides for consideration of claims by a patent examiner in a pending application.  The new version of the AFCP is referred to as the AFCP 2.0 […]

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U.S. Court of Appeals for the Third Circuit Decides Right of Publicity Outweighs First Amendment in NCAA Football Video Games

On May 21, 2013, the U.S. Court of Appeals for the Third Circuit decided Ryan Hart v. Electronic Arts Inc. In its opinion, the court reversed the district court’s grant of summary judgment in favor of Electronic Arts because it found that Electronic Art’s use of the plaintiff’s likeness in its video games was… Continue reading

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