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CASE OF THE WEEK adidas AG v. Nike, Inc. , Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and standing in a consolidated appeal of two final written decisions issued in…
B/E AEROSPACE, INC. v. C&D ZODIAC, INC. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Common sense may be invoked in obviousness determination if accompanied by reasoned analysis and supporting evidence. C&D…
SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In similar claims of two related patents, one preamble was limiting because it supplied antecedent…
The disclosure requirements that will meet the written description requirement of s. 112(1) had a fairly mundane priority policing role prior to the expansion of the importance of the requirement in the biotech cases leading up to the en banc Ariad…
In Re Personal Web Technologies LLC Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: The Kessler doctrine is not limited to cases involving a finding of non-infringement; it…
CASE OF THE WEEK Munchkin, Inc. v. Luv N’ Care, Ltd. , Appeal No. 2019-1454 (Fed. Cir. June 8, 2020) In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of attorneys’ fees for patent, trademark, and…
MUNCHKIN, INC. V. LUV N’ CARE LTD Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully adjudicated at the district court, the…
CASE OF THE WEEK Amneal Pharmaceuticals LLC v. Almirall, LLC , Appeal No. 2020-1106 (Fed. Cir. June 4, 2020) In the Federal Circuit’s only precedential case this week, the Court addressed issues relating to attorneys’ fees and costs on appeal…
On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design Patent Nos.…
MCRO, INC. v. BANDAI NAMCO GAMES AMERICA Before Reyna, Mayer and Taranto. Appeal from the United States District Court for the Central District of California. Summary: The scope of a claim term may be limited when intrinsic evidence establishes the context…
ODYSSEY LOGISTICS AND TECH. v. IANCU Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia. Summary: PTO procedural actions are not appealable before the Board has issued a final decision.…
CASE OF THE WEEK ESIP Series 2, LLC v. Puzhen Life USA, LLC , Appeal No. 2019-1659 (Fed. Cir. May 19, 2020) In this week’s Case of the Week, the Federal Circuit affirmed an inter partes review decision finding challenged claims obvious, extending…
