Federal Circuit IP Digest
USPTO’s Domicile Address Rule for Trademark Applicants Upheld
February 13, 2024
In re Chestek PLLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified that the U.S. Patent and Trademark Office (USPTO) can require all trademark applicants to provide their actual domicile address—not just a mailing address or P.O. box—when…
Read MoreUniversity’s Alzheimer’s Mouse Patent Blocked by Government License Under Bayh-Dole Act
February 9, 2024
Univ. of S. Fla. Bd. of Trs. v. United States Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights how the Bayh-Dole Act can give the federal government broad rights to use patented inventions developed with federal funding—even…
Read MorePatent Claim Construction Gets a Reset in High-Tech TV Voice Command Dispute
February 9, 2024
RAI Strategic Holdings, Inc. v. Philip Morris Prods. S.A Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals has shaken up a long-running patent dispute over voice-controlled television technology. Promptu Systems Corporation accused Comcast…
Read MoreOperating Manuals Can Be Prior Art: Federal Circuit Clarifies Public Accessibility Standard
February 8, 2024
Weber, Inc. v. Provisur Techs., Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit has clarified when company operating manuals can count as “printed publications” that qualify as prior art against patents. The…
Read MoreWhen Are Patent Claim Inputs Truly “Distinct”? Court Clarifies in Smart Thermostat Patent Dispute
February 7, 2024
Google LLC v. Ecofactor, Inc Authored by: Jeremy J. Gustrowsky A recent decision involving Google LLC and EcoFactor, Inc. sheds light on how patent claims should be interpreted, especially when it comes to whether listed inputs in a method claim…
Read MoreWhen Are Patent Claim Inputs Truly “Distinct”? Court Clarifies in Smart Thermostat Patent Dispute
February 7, 2024
Google LLC v. Ecofactor, Inc Authored by: Jeremy J. Gustrowsky A recent decision involving Google LLC and EcoFactor, Inc. sheds light on how patent claims should be interpreted, especially when it comes to whether listed inputs in a method claim…
Read MoreSlogan “EVERYBODY VS RACISM” Denied Trademark Protection for Failing to Identify a Single Source
January 22, 2024
In re Go & Assocs., LLC Authored by: Jeremy J. Gustrowsky The United States Court of Appeals for the Federal Circuit recently affirmed a decision that denied trademark registration for the phrase “EVERYBODY VS RACISM.” The applicant, GO & Associates,…
Read MoreUniversal Electronics Prevails in Patent Dispute Over Smart TV Control Technology
January 19, 2024
Roku, Inc. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of clear patent ownership and substantial domestic investment when enforcing intellectual property rights at the International Trade Commission (ITC).…
Read MorePatent Board Can Allow New Arguments on Amended Claims, Even from Joined Parties
January 18, 2024
CyWee Grp. Ltd. v. ZTE (USA), Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights how the U.S. Patent Trial and Appeal Board (PTAB) handles motions to amend patent claims during inter partes review (IPR) proceedings, especially when new…
Read MoreCourt Clarifies What It Means to “Identify a Single Biomolecule” in Patent Claims
January 9, 2024
Pac. Biosciences of Cal., Inc. v. Pers. Genomics Taiwan, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has provided important guidance on what it means for a patented device to be “capable of identifying a…
Read MorePink Hip Implants Lose Trademark Protection: Federal Circuit Says Color Is Functional
January 3, 2024
CeramTec GmbH v. CoorsTek Bioceramics LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the cancellation of CeramTec GmbH’s trademarks for the pink color used in its ceramic hip implant components. CeramTec, a manufacturer of…
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