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October 22, 2018
REGENTS OF THE UNIVERSITY OF CALIFORNIA, UNIVERSITY OF VIENNA, EMMANUELLE CHARPENTIER, Appellants v. BROAD INSTITUTE, INC., MASSACHUSETTS INSTITUTE OF TECHNOLOGY, PRESIDENT AND FELLOWS OF HARVARD COLLEGE, Appellees No. 2017-1907 Fed. Cir. Sept. 10, 2018 Opinion by Circuit Judge Moore with Chief Judge Prost and Circuit Judge Schall. This is an appeal from a decision of the […]
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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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June 26, 2018
D THREE ENTERPRISES, LLC, Plaintiff-Appellant v. SUNMODO CORPORATION, Defendant-Appellee 2017-1909, 2017-1910 Decided: May 21, 2018 The district court granted summary judgment in favor of appellees based on a determination that D Three could not claim priority from a provisional application filed February 9, 2009 (“2009 Application”). The priority claim was necessary to D Three’s case, […]
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May 26, 2018
Droplets, Inc., v. E*TRADE Bank Nos. 2016-2504,-2602 Fed. Cir. Apr. 19, 2018 Opinion by Judge O’Malley with Circuit Judges Dyk and Wallach. This appeal arises from a finding by the Patent Trial and Appeal Board (“the Board”) that all claims of U.S. Patent No. 8,402,115 (“the Patent”), owned by Droplets, Inc. (“Droplets”), are invalid as obvious under 35 […]
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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 […]
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December 26, 2017
PRESIDIO COMPONENTS, INC. v. AMERICAN TECHNICAL CERAMICS CORP. 2016-2607, 2016-2650 Presidio filed suit against American Technical Ceramics Corp. (“ATC”) for patent infringement. The Federal Circuit affirmed the district court’s holdings that the claims of the patent are not indefinite and that ATC is entitled to absolute intervening rights because a substantive amendment was made during […]
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November 26, 2017
Organik Kimya AS v. Rohm And Haas Co. Nos. 2015-1983, -2001 Fed. Cir. Oct. 11, 2017 Opinion by Circuit Judge Newman with Chief Judge Prost and Circuit Judge Taranto Organik appeals the decisions of the PTAB in two IPR proceedings. The PTAB sustained the patentability of claims U.S Patent No. 6,020,435 (“the ’435 Patent”) and […]
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October 26, 2017
Waymo LLC, v. Uber Technologies, Inc., Ottomotto LLC, Otto Trucking LLC Nos. 2017-2235, -2253 Fed. Cir. Sept. 13, 2017 Opinion by Circuit Judge Wallach with Circuit Judges Newman and Stoll Appellant Anthony Levandowski intervened seeking to prevent discovery sought by Appellee Waymo LLC (“Waymo”) in its lawsuit against Uber Technologies, Inc. (“Uber”). Waymo alleged that Mr. Levandowski, its former employee, improperly […]
