Federal Circuit IP Digest
Trademark Board’s Extension and Evidence Decisions Upheld in Hair Product Mark Dispute
April 30, 2024
Araujo v. Framboise Holdings Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights how the Trademark Trial and Appeal Board (TTAB) handles requests for more time and the kind of evidence needed to prove who…
Read MoreToddler Dining Mat Patent Dispute Highlights Importance of Candor in Patent Litigation
April 12, 2024
Luv N’ Care, Ltd. v. Laurain Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit sheds light on the high stakes of honesty and fair play in patent lawsuits, especially when it comes to innovative products for…
Read MoreCourt Affirms Obviousness of Rifaximin Patents, Clarifies ANDA Approval Timing
April 11, 2024
Salix Pharms., Ltd. v. Norwich Pharms. Inc Authored by: Jeremy J. Gustrowsky A recent appellate decision sheds light on the complex interplay between pharmaceutical patents, generic drug approvals, and the standards for proving a patent is “obvious” in light of…
Read MoreRemote Medical Imaging Patents Found Too Abstract for Protection
April 4, 2024
AI Visualize, Inc. v. Nuance Commc’ns, Inc. Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the ongoing challenges of patenting software-based inventions, especially those involving data processing and remote access. In this case, AI Visualize,…
Read MoreWhen “Known” Isn’t Enough: Federal Circuit Clarifies Motivation to Combine in Patent Obviousness
March 27, 2024
Virtek Vision Int’l ULC v. Assembly Guidance Sys Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights a key principle in patent law: just because two technical approaches are “known” doesn’t mean it’s obvious to combine them. The…
Read MoreJury Instruction Error on Patent Obviousness Triggers New Trial in Tamper-Resistant Container Dispute
March 27, 2024
Inline Plastics Corp. v. Lacerta Grp., LLC Authored by: Jeremy J. Gustrowsky A recent decision highlights the importance of proper jury instructions in patent cases, especially when it comes to evaluating whether an invention is “obvious” in light of earlier…
Read MoreMedical Device Importation for FDA Approval Falls Under Patent Safe Harbor
March 25, 2024
Edwards Lifesciences Corp. v. Meril Life Scis. Priv. Ltd Authored by: Jeremy J. Gustrowsky A recent decision clarified how the “safe harbor” provision in U.S. patent law protects companies when they import medical devices for activities related to FDA approval.…
Read MoreNo Contradiction, No Problem: Federal Circuit Clarifies Patent Claim Language on Lithium-Ion Batteries
March 6, 2024
Maxell, Ltd. v. Amperex Tech. Ltd Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent claims should be interpreted when it comes to potentially conflicting language. The case involved Maxell, Ltd.,…
Read MorePatent Claims on Targeted Online Ads Face Mixed Results in Court
March 5, 2024
Chewy, Inc. v. IBM Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the challenges of enforcing patents related to online advertising and targeted marketing. The dispute centered on two patents owned by IBM: U.S. Patent…
Read MoreAlexa’s Shopping List Feature Survives Patent Challenge Over Voice-Processing Technology
February 26, 2024
Freshub, Inc. v. Amazon.com, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has clarified the boundaries of patent infringement when it comes to voice-processing technology, specifically in the context of Amazon’s Alexa shopping-list feature. Freshub,…
Read MoreDon’t Try to Sneak in Extra Arguments by Incorporating Briefs—The Court is Watching
February 16, 2024
Promptu Sys. Corp. v. Comcast Cable Commc’ns, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit sent a clear message to attorneys: you can’t get around word limits by “incorporating by reference” arguments from one legal…
Read MoreTrademark Board Must Reconsider Baby Product Confusion Case After Evidence Overlooked
February 15, 2024
Naterra Int’l, Inc. v. Bensalem Authored by: Jeremy J. Gustrowsky A recent decision highlights how important it is for the Trademark Trial and Appeal Board (TTAB) to fully consider all relevant evidence when deciding if two trademarks are likely to…
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