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CASE OF THE WEEK Maxchief Investments Ltd. v. Wok & Pan, Ind., Inc. , Appeal No. 2018-1121 (Fed. Cir. Nov. 29, 2018) In its only precedential patent decision this week, the Federal Circuit addressed the extent to which a court has declaratory judgment…
Federal Circuit Summary Before Dyk , Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary : In the context of a suit for a declaration of non-infringement and invalidity of a patent, the…
Federal Circuit Summary Before Newman , Mayer, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : Words that are primarily a surname can be registered as trademarks if they have acquired secondary meaning, even if the public also…
On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S. Perspective , Converse filed over 30 lawsuits in the…
CASE OF THE WEEK Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., Appeal No. 2106-2599 (Fed. Cir. Nov. 19, 2018) In an appeal from a jury verdict and JMOLs in a patent infringement case, the Federal Circuit set new precedent concerning lump…
Federal Circuit Summary Before Newman, Hughes, and Stoll . Appeal from the United States District Court for the Northern District of California. Summary : Reasonable royalty patent damages cannot include a royalty for sales of non-accused products. Enplas…
CASE OF THE WEEK ArcelorMittal Atlantique Et Lorraine v. AK Steel Corporation, Appeal No. 2017-1637 (Fed. Cir. Nov. 14, 2018) In an opinion originally filed as sealed on Nov. 5 and unsealed on Nov. 18, the Federal Circuit vacated and remanded a district…
Federal Circuit Summary Before Reyna , Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the APA, the final claim construction need…
Federal Circuit Summary Before Dyk, Wallach, and Taranto. Appeal from the United States District Court for the Western District of Washington Summary : Claims directed to improving computer security by using BIOS memory to store a license can be a…
Federal Circuit Summary Before Prost , O’Malley, and Stoll. Appeal from the Trademark Trial and Appeal Board Summary : Advertising costs and sales figures are relevant in determining whether a trademark is famous and, thus, whether a likelihood of…
Federal Circuit Summary Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary : In a case pending before TC Heartland was decided, a venue challenge based on TC…
CASE OF THE WEEK Acceleration Bay, LLC v. Activision Blizzard Inc. , Appeal Nos. 2017-2084, -2085, -2095, -2096, -2097, -2098, -2099, -2117, 2118 (Fed. Cir. Nov. 6, 2018) In appeals of six inter partes review final decisions on three challenged patents,…
