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Trademark Consent Agreements May Not Always Prevent a Likelihood of Confusion According to US Patent and Trademark Office TTAB

The US Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) held in In re Bay State Brewing Company, Inc., Serial No. 85826258 (TTAB, February 25, 2016) that a consent agreement may not necessarily overcome a likelihood of confusion rejection by trademark examining attorney. At issue in the case was whether TIME TRAVEL BLONDE […]

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CAFC holds “User Interface” Does Not Include Other Machine-Type Interfaces

On February 10, 2016 the Court of Appeals for the Federal Circuit (CAFC) decided the case of Convolve, the Massachusetts Institute of Technology v. Compaq Computer Corp. and Seagate Technology, Inc. (February 10, 2016, 2014-1732, CAFC). The technology at issue in the case involved improvements in computer hard drives described in US Patent No. 6,314,473 […]

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IPR Substitute Claims

In Inter Partes Review Patent Owner Must Show Patentability of Substitute Claims and Prior Art References Known to Patent Owner Pursuant to Duty of Good Faith and Candor Must be Disclosed

On February 11, 2016, the US Court of Appeals for the Federal Circuit (CAFC) decided the case of Nike, Inc., V. Adidas AG, 2014-1719 (CAFC, February 11, 2016), in which Adidas filed an inter partes review (IPR) of US Patent No. 7,347, 011 (the ‘011 patent), owned by Nike. The USPTO Patent Trial and Appeal […]

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Rosebud versus Adobe

Federal Circuit holds Actual Notice, not Constructive Notice, is Required to Collect Reasonable Royalties under 35 U. S. C. Section 154 (d)

In Rosebud LMS INC. v. Adobe Systems Incorporated (CAFC, 2015-1428, February 9, 2016) the Court of Appeals for the Federal Circuit (CAFC) affirmed the District Court’s grant of summary judgment that Adobe Systems Inc. was not liable for pre-issuance damages under 3 5 U. S. C. Section 154 (d). Rosebud filed three suits against Adobe […]

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US Supreme Court Grants Certiorari on Inter Partes Review Case (Cuozzo Speed Technologies, LLC v. Lee)

On January 15, 2016, the U.S. Supreme Court agreed to review the appealability of decisions to institute an Inter Partes Review (“IPR”) proceeding before the Patent Trial and Appeal Board (“PTAB”) and the appropriate claim construction standard to be used in IPR proceedings. In IN RE: CUOZZO SPEED TECHNOLOGIES, LLC, 2014-1301 (CAFC, July 8, 2015), […]

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