Intellectual Property

On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in Signature Mgmt. Team, LLC v. Doe. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.

Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO
Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious
Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO

This article examines the impact of TC Heartland with a focus on recent Federal Circuit decisions applying TC Heartland and further clarifying the scope of where patent cases may be filed.

Board Says It Doesn't Matter Whether Use Is By a Trademark Owner Or a Third Party

In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.

There Was No Clear Majority at Oral Argument Signaling the Death of Inter Partes Review

November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.

Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products
District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of TC Heartland

This article outlines the available options under the Trademark Trial and Appeal Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process.

On Nov. 13, 2017, a Federal Circuit panel of Chief Judge Prost, Judge Mayer, and Judge Chen issued a unanimous decision in Promega Corp. v. Life Technologies Corp. On remand from the United States Supreme Court, the panel affirmed a grant of judgment as a matter of law by the United States District Court for the Western District of Wisconsin that the plaintiff failed to prove its infringement case under §§35 U.S.C. 271(a) and 271(f)(1). The panel affirmed the district court's denial for a new trial on damages and infringement, and reaffirmed its prior holdings on enablement, licensing, and active inducement issues.