On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc. In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s [...]
On July 2, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Sciele Pharma Inc. et al. (now “Shionogi”) v. Lupin Ltd. et al. (“Lupin). In the decision, the Federal Circuit, for a second time, vacated a preliminary injunction issued by the District Court for the District [...]
On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an intent-to-use [...]
On July 11, 2012, the US Court of Appeals for the Federal Circuit affirmed a ruling by the USPTO Board of Patent Appeals and Interferences (“Board”) cancelling claim 1 of US Patent 7,434,426 (“Patent ‘426”), held by Robert Loughlin and John Loughlin (together, “Loughlin”), because the claim interfered with US Patent Application 11/671,404 (“Application ‘404”), [...]
On April 9, 2012, the U.S. Court of Appeals for the Federal Circuit upheld the U.S. District Court for the Western District of Pennsylvania’s decision to invalidate patent claims asserted by Noah Systems, Inc. (“Noah”) against Intuit, Inc. (“Intuit”), because the claims were indefinite. At the center of this case was U.S. Patent No. 5,875,435 [...]
U.S. Court of Appeals for the Third Circuit Decides Right of Publicity Outweighs First Amendment in NCAA Football Video Games
U.S. District Court for the Southern District of NY Denies Class Certification in YouTube Copyright Case
U.S. Supreme Court Will Review Burden of Proof in Declaratory Judgment Cases When Infringement Counterclaim is Barred
