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October 14, 2019
Campbell Soup v Gamon Plus Campbell Soup Company, Campbell Sales Company, Trinity Manufacturing, LLC v. Gamon Plus, Inc. Nos. 2018-2029, 2018-2030 Fed. Cir. September 26, 2019 Before Chief Judge Prost, with Circuit Judges Newman and Moore. Opinion for the court filed by Circuit Judge Moore. Dissenting opinion filed by Circuit Judge Newman. Appellants appealed the […]
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September 19, 2019
The Toro Company sought inter partes review before the Patent Trial and Appeal Board. The Board held the challenged claims obvious under 35 U.S.C. § 103. Critical to its decision, the Board determined that the claim term “mechanical control assembly . . . configured to [perform certain functions]” is not a means-plus-function term subject to 35 U.S.C. § 112, ¶ 6. MTD Products Inc. appealed.
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August 19, 2019
Westech Aerosol Corporation v. 3M Company, et al.
Westech appealed the decision of the district court for the Western District of Washington granting 3M’s motion to dismiss for improper venue. Considering the Supreme Court’s ruling in TC Heartland, 137 S.Ct. 1514 (2017), 3M moved to amend its motion to dismiss to include an argument that venue was improper because 3M did not have a regular and established place of business in the judicial district.
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April 22, 2019
TEK Global, S.R.L., TEK Corporation v. Sealant Systems International, Inc., ITW Global Tire Repair No. 2017-2507 Fed. Cir. April 2, 2019 Before Chief Judge Prost, with Circuit Judges Dyk and Wallach. The patent in suit is directed to an emergency kit for repairing vehicle tires deflated by puncture. The Court held that Appellant should not […]
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April 22, 2019
Forest Laboratories, LLC, et al. v. Sigmapharm Laboratories, LLC., et al. Nos. 2017-2369, etc. Fed. Cir. March 14, 2019 Before Chief Judge Prost, with Circuit Judges Dyk and Moore. Opinion by Circuit Judge Moore. Sigmapharm filed an Abbreviated New Drug Application seeking to market generic versions of Saphris, a sublingually administered, atypical antipsychotic containing asenapine […]
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March 22, 2019
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board Personal Web Technologies, LLC v. Apple, Inc. No. 2018-1599 Fed. Cir. March 8, 2019 Before Circuit Judges Moore, Taranto, and Chen. Opinion by Circuit Judge Chen. The Court reversed the Board’s determination that certain claims of U.S. Patent No. 7,802,310 were […]
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September 22, 2018
ZHENG CAI, DBA TAI CHI GREEN TEA INC., Appellant v. DIAMOND HONG, INC., Appellee 2018-1688 Decided: August 27, 2018 The Trademark Trial and Appeal Board (“TTAB”) canceled the registration of mark “WU DANG TAI CHI GREEN TEA” due to a likelihood of confusion pursuant to 15 U.S.C. § 1052(d) with Diamond Hong, Inc.’s (“Diamond Hong”) […]
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August 26, 2018
ZUP, LLC v. Nash Manufacturing, Inc. No. 2017-1601 Fed. Cir. July 25, 2018 Opinion by Chief Judge Prost with Circuit Judge Lourie. Dissenting opinion filed by Circuit Judge Newman. The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the decision of the district court invalidating claims of U.S. Patent No. 8,292,681 (“the ’681 patent”) […]
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February 26, 2018
ADVANCED VIDEO TECHNOLOGIES LLC, v. HTC CORPORATION, HTC AMERICA, INC., BLACKBERRY LTD, BLACKBERRY CORPORATION, MOTOROLA MOBILITY LLC, Defendants-Appellees Federal Circuit law requires that all owners of a patent must be parties to an infringement action. In this case, the Court determined that Ms. Hsuin was a co-inventor of US Patent No. 5,781,788 and that the […]
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January 26, 2018
TRAVEL SENTRY, INC., Plaintiff-Cross-Appellant v. DAVID A. TROPP, Defendant-Appellant 2016-2386, 2016-2387, 2016-2714, 2017-1025 Appeals from the United States District Court for the Eastern District of New York in Nos. 1:06-cv-06415-ENV- RLM, 1:08-cv-04446-ENV-RLM, Judge Eric N. Vitaliano. For the third time, the Court presided over this dispute regarding whether Travel Sentry, Inc. (“Travel Sentry”) and its licensees infringed […]
