Tag Archives | federal circuit

Federal Circuit Upholds TTAB’s Finding of Abandonment of Lens.com’s LENS Mark

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 […]

Share
Read full story Comments { 0 }

Federal Circuit Vacates Preliminary Injunction Again in Shionogi v. Lupin

  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 […]

Share
Read full story Comments { 0 }
http://tdrweb.uspto.gov/ts/cd/casedoc/sn85494726/DRW20111217071741/1/webcontent

Federal Circuit: Evidence Collected After ITU TM App Filed is Relevant to Likelihood of Confusion

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 […]

Share
Read full story Comments { 0 }

Federal Circuit Upholds Cancellation from Interference Provoked Two Years After Publication

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”), […]

Share
Read full story Comments { 0 }

An Algorithm for Every Function

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 […]

Share
Read full story Comments { 0 }