Patent Lexicography Takes Center Stage in Alnylam v. Moderna COVID-19 Vaccine Dispute

Alnylam Pharms., Inc. v. Moderna, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a district court’s ruling in the high-profile patent dispute between Alnylam Pharmaceuticals, Inc. and Moderna, Inc. over Moderna’s COVID-19 vaccine, SPIKEVAX®.…

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Federal Circuit Clarifies Limits on Raising New Arguments in Patent Appeals

AMP Plus, Inc. v. DMF, Inc Authored by: Jeremy J. Gustrowsky In AMP Plus, Inc. v. DMF, Inc., the Federal Circuit recently affirmed a decision by the Patent Trial and Appeal Board (PTAB) regarding a dispute over U.S. Patent No.…

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Trade Secret Law Clarified: When Does a Secret Stop Being a Secret?

Ams-Osram USA Inc. v. Renesas Elecs. Am., Inc Authored by: Jeremy J. Gustrowsky In the recent case of Ams-Osram USA Inc. v. Renesas Electronics America, Inc., the Federal Circuit addressed several important issues in trade secret and contract law, especially…

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Apple, LG, and Google Succeed in Invalidating Most Gesture Tech Patent Claims, but Two Survive

Apple Inc. v. Gesture Tech. Partners, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a ruling by the Patent Trial and Appeal Board (PTAB) that invalidated most claims of U.S. Patent No. 7,933,431, owned…

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When Standing Falls Short: Why AEG’s Bid Protest Over Djibouti Fuel Contract Was Dismissed

Associated Energy Grp., LLC v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a challenge by Associated Energy Group, LLC (AEG) over a U.S. Department of Defense fuel contract for military bases in…

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Patent Owner’s Own Words Sink Infringement Case Over Vancomycin Liquid Formulation

Azurity Pharms., Inc. v. Alkem Labs. Ltd Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that Azurity Pharmaceuticals, Inc. could not enforce its U.S. Patent No. 10,959,948 against Alkem Laboratories Ltd. because Azurity had clearly…

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When Is a Trademark Generic? Federal Circuit Clarifies in “Fireball” Whiskey Dispute

Bullshine Distillery LLC v. Sazerac Brands, LLC Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision, Bullshine Distillery LLC v. Sazerac Brands, LLC, tackled the question of when a term is considered generic for trademark purposes. The case centered…

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Federal Circuit Vacates PTAB Decision in CQV v. Merck Over Prior Art Evidence

CQV Co., Ltd. v. Merck Pat. GmbH Authored by: Jeremy J. Gustrowsky In the recent case of CQV Co., Ltd. v. Merck Patent GmbH, the Federal Circuit addressed a dispute over the validity of U.S. Patent No. 10,647,861, which covers…

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Consumers Can’t Oppose “Rapunzel” Trademark Registration, Says Federal Circuit

Curtin v. United Trademark Holdings, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that ordinary consumers do not have the right to oppose trademark registrations simply because they dislike the potential marketplace effects. The…

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Who Can Appeal a Patent Board Decision? Dolby Labs Learns the Limits

Dolby Labs. Licensing Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently dismissed an appeal by Dolby Laboratories Licensing Corporation, clarifying when a party can challenge a Patent Trial and Appeal Board (PTAB) decision in…

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Who Gets to Use “MONEY MART” for Pawn Shops? Federal Circuit Clarifies Trademark Priority Rules

Dollar Fin. Grp., Inc. v. Brittex Fin., Inc Authored by: Jeremy J. Gustrowsky In the recent case of Dollar Financial Group, Inc. v. Brittex Financial, Inc., the Federal Circuit addressed a dispute over who had the right to use the…

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Federal Circuit Sets New Boundaries for Patent Damages Experts in EcoFactor v. Google

EcoFactor, Inc. v. Google LLC Authored by: Jeremy J. Gustrowsky In a major decision for patent litigation, the Federal Circuit in EcoFactor, Inc. v. Google LLC clarified the standards for admitting expert testimony on patent damages. EcoFactor had sued Google,…

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