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Wolf, Greenfield & Sacks, P.C.
On January 18, 2022, the CAFC denied Appellant Brooklyn Brewery's petition for panel rehearing and rehearing en banc in the recent Brooklyn Brewery case.
Oblon, McClelland, Maier & Neustadt, L.L.P
On January 21, 2022, the U.S. Court of Appeals for the Federal Circuit issued its opinion vacating and remanding the ITC's finding of a violation of section 337 in ...
Sheppard Mullin Richter & Hampton
On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the "DSMER Program"). We provide a brief overview of this program.
Morrison & Foerster LLP
The Federal Circuit was quite productive last week despite the holiday weekend. The Court issued a dozen non-precedential decisions, several precedential opinions, and a handful of Rule 36...
Wolf, Greenfield & Sacks, P.C.
In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness:
Klein Moynihan Turco LLP
Whether you are looking to start a business or have been operating a business for years, it is important to know how to protect your brand.
Recently, the U.S. Patent and Trademark Office ("USPTO") published a notice informing the public that it will be implementing a pilot program (called the Deferred Subject Matter Eligibility Response Pilot Program...
Wolf, Greenfield & Sacks, P.C.
First, the Federal Circuit reviews the TTAB's decisions on appeal, asking, essentially, whether the TTAB was correct.
Mayer Brown
The Trademark Modernization Act of 2020 took effect on December 18, 2021, creating additional avenues for enforcement and updating rules pertaining to trademark prosecution and maintenance.
Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written description requirement.
Jones Day
Generic drug makers often use "skinny labels" to carve out approved indications that are covered by an innovator's patents, and thus to avoid liability for inducing infringement.
Jeffer Mangels Butler & Mitchell LLP
Via Vadis, LLC and AC Technologies, S.A. ("Plaintiffs") are the owner and exclusive licensee, respectively, of U.S. Patent No. RE40,521 (the "'521 Patent"
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In consolidated proceedings, the TTAB considered two discovery-related motions filed by Chicago Mercantile Exchange Inc. and New York Mercantile Exchange, Inc. (collectively, "CME") in an Opposition ...
Harris Beach
The Federal Circuit Court of Appeals reversed a decision of the U.S. Patent Trial and Appeal Board ("Board"), finding a patent on a method of disinfection obvious.
Wolf, Greenfield & Sacks, P.C.
The Dana-Farber Cancer Institute opposed an application to register the mark SCOOPERFEST for "organizing community festivals featuring primarily ice cream and also providing entertainment...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A California court exercised jurisdiction over a declaratory judgment action even though the defendant offered a covenant not to sue.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A party to a litigation in Texas violated a protective order by communicating confidential information.
Manatt, Phelps & Phillips LLP
In Minerva Surgical, Inc. v. Hologic, Inc., the Supreme Court held, in a 5–4 opinion, that the doctrine of assignor estoppel continues to apply, but only for an assignor's invalidity assertion that ...
Alston & Bird
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
Frankfurt Kurnit Klein & Selz
SweetWater Brewing makes an excellent pale ale. And while I admit that that I'm a little curious (skeptical?) about their almond milk stout, it is SweetWater's primary brand...
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