Federal Circuit: Falsely Claiming That a Product Feature is Patented Can Give Rise to a False Advertising Claim Under the Lanham Act Federal Circuit: A Prior Decision in an IPR Does Not Collaterally Estop the Patentee in a Subsequent Litigation Where Invalidity Must be Proven by 'Clear and Convincing Evidence'
Jeff Ginsberg and Ryan J. SheehanSection 43(a)(1)(B) of the Lanham Act provides a cause of action based on false advertising when, "in commercial advertising or promotion, [the defendant] misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities."
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