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December 30, 2021
SC Trademark Law Our 2021 annual update regarding Trademark Laws in South Carolina is now live on Thomson Reuters Practical Law website. The Q&A guide to South Carolina laws protecting trademarks addresses the governing of trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. For attorneys without access to Westlaw, a PDF of […]
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July 14, 2020
Fitbit, Inc. v. Valencell, Inc. No. 2019-1048 Fed. Cir. Before Circuit Judges Newman, Dyk, and Reyna. Apple petitioned the Board for IPR of claims 1–13. The Board denied review of claims 3–5. Fitbit filed an IPR petition for claims 1, 2, and 6–13 and moved for joinder with Apple’s IPR, which the Board granted. After […]
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June 14, 2020
Esip Series 2, LLC v. Puzhen Life USA, LLC No. 2019-1659 Fed. Cir. Before Circuit Judges Lourie, Reyna, and Hughes. The Court affirmed the decision of the Patent Trial and Appeal Board that certain claims of ESIP’s patent are invalid as obvious. The Court also rejected ESIP’s argument that the Board should not have instituted […]
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May 14, 2020
Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation No. 2018-2273 Fed. Cir. Before Circuit Judges Lourie, Moore, and Reyna. In this appeal from the Patent Trial and Appeal Board, the Court held that Argentum lacks Article III standing and dismissed the appeal. Standing requires that the Argentum “ suffered an injury in fact, that is fairly […]
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April 14, 2020
Nike, Inc. v. Adidas AG No. 2019-1262 Fed. Cir. April 9, 2020 Before Circuit Judges Lourie, Chen, and Stoll. Nike appealed the Patent Trial and Appeal Board’s decision on remand denying its request to enter substitute claims 47–50 of U.S. Patent No. 7,347,011 on the ground that those claims are unpatentable under 35 U.S.C. § […]
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March 14, 2020
Arctic Cat Inc. v. Bombardier Recreational Products Inc., BRP U.S. Inc. 2019-1080 Fed. Cir. Before Circuit Judges Lourie, Moore, and Stoll. The Court affirmed a judgment of the District Court that Arctic Cat is not entitled to recover pre-complaint damages from Bombardier due to the failure of Arctic Cat’s licensee to mark products in accordance […]
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February 14, 2020
Koninklijke Philips N.V. v. Google LLC, Microsoft Corporation, Microsoft Mobile, Inc. No. 2019-1177 Fed. Cir. Philips v Google Microsoft PTAB summary The Court affirmed the decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review of U.S. Patent No. 7,529,806 finding that the claims were unpatentable as obvious. The Board instituted […]
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January 14, 2020
The Chamberlain Group, Inc. v. One World Technologies, Inc., DBA Techtronic Industries Power Equipment No. 2018-2112 Before Circuit Judges Dyk, Reyna, and Hughes. Opinion by Circuit Judge Hughes. The patent considered was directed to improved methods of human interaction with “barrier movement operators,” such as garage door operator systems. The claims on appeal were directed […]
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December 14, 2019
Airbus S.A.S. v. Firepass Corporation No. 2019-1803 Fed. Cir. Before Circuit Judges Lourie, Moore, and Stoll. Airbus S.A.S. appealed the Patent Trial and Appeal Board’s reversal of the patent examiner’s rejection of certain new claims presented by patent owner Firepass Corporation in an inter partes reexamination of U.S. Patent No. 6,418,752. The issue on appeal […]
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November 14, 2019
Honeywell International Inc. v. Arkema Inc. Nos. 2018-1151, 2018-1153 Fed. Cir. October 1, 2019 Before Circuit Judges Newman, Reyna, and Hughes. During a post grant review proceeding, Honeywell sought authorization from the Board to file a motion for leave to petition the Patent and Trademark Office Director for a Certificate of Correction to correct a […]
