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Troutman Sanders Federal Circuit Review – June 12, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Standing Defect Cannot Be Cured by a Retroactive License Agreement
  • Trademark Registration Successfully Opposed for Lack of “Bona Fide Intent to Use”

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June 12, 2015   No Comments

Troutman Sanders Federal Circuit Review – May 28, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Supreme Court: Defendant’s Good-Faith Belief of Invalidity Is Not a Defense to Induced Infringement
  • Safe Harbor Provision Exempts Post-Approval Activities That Are Not “Routine” From Infringement

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May 29, 2015   No Comments

Troutman Sanders Federal Circuit Review – May 21, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • A Single Entity Must Perform Every Step of a Method to Infringe Under § 271(a)
  • “Qualitative” Investments Alone Are Insufficient To Satisfy Domestic Industry Requirement of § 337
  • One Legal Standard for Generic Analysis, Whether Trademark Is a Compound Term or a Phrase

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May 22, 2015   No Comments

Troutman Sanders Federal Circuit Review – May 15, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • AIA Eliminates District Court’s § 146 Review of Interferences Declared After September 15, 2012

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May 15, 2015   No Comments

Troutman Sanders Federal Circuit Review – May 8, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Federal Circuit Reconsiders Biosig v. Nautilus Under New Indefiniteness Standard
  • A Potential Competitor May Bring False Marking Action if It Suffered Competitive Injury

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May 8, 2015   No Comments

Troutman Sanders Federal Circuit Review – May 1, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • Embodiments Disclosed in the Specification Do Not Restrict Claim Scope Absent Manifestation of Clear Intention to Restrict
  • Exclusion of Patentee’s Expert Report on Damages Does Not Lead to Summary Judgment for Lack of Evidence

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May 1, 2015   No Comments

Troutman Sanders Federal Circuit Review – April 23, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • USPTO’s Refusal to Terminate an Inter Partes Reexamination is Not a “Final Action” for Which the Agency Can Be Sued
  • Factual Findings Support the District Court’s “Framing” of Obviousness Question
  • A Claimed Range Must Be Critical to Avoid Anticipation By Overlapping Ranges in the Prior Art
  • Court Affirms “THE SLANTS” Mark Is Disparaging
  • NOPALEA Is Not Registerable for Nutritional Supplements Containing Nopal Juice

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April 27, 2015   No Comments

Troutman Sanders Federal Circuit Review – April 10, 2015

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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.   

This week:

  • PTO’s Decision to Revive an Application Is Not Subject to Third Party Challenge under the APA
  • Case or Controversy Exists in Declaratory Judgment Action of Non-infringement for Disclaimed Patent
  • Court Deems “Refers To” Language In Amendment Defines a Disputed Claim Term

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April 10, 2015   No Comments

SCOTUS: Preclusive Effect Should Be Given to TTAB Decisions When the Other Elements of Issue Preclusion Are Met.

In an opinion written by Justice Alito, the Supreme Court recently held that preclusive effect should be given to Trademark Trial and Appeal Board administrative decisions if the other elements of issue preclusion are met. B&B Hardware, Inc. v. Hargis Industries, Inc. dba Sealtite Building Fasteners et al., No. 13-352, 575 U.S. ___ (March 24, 2015). Although administrative proceedings before the TTAB are certainly different from those in district court, the Court noted that there is no reason to categorically doubt the quality of those proceedings. When an agency has acted in its judicial capacity to resolve disputed issues and providing adequate opportunity to litigate and when the same legal standard is applied to decide the same issues, preclusion applies in later actions. Because the TTAB decides issues of registrability, there are many instances in which issue preclusion will not apply in later infringement actions. However, this ruling will undoubtedly affect the way parties approach contested TTAB proceedings. [Read more →]

April 3, 2015   No Comments

New .SUCKS Top-Level Domain is .PROBLEMATIC

This post is from the Troutman Sanders Advisory dated March 31, 2015 authored by Michael “Mike Hobbs, Jr.Karl M. Zielaznicki and Susan Stabe

In a real life version of the classic “prisoner’s dilemma” game theory, companies are now weighing the significant costs of registering their brands and corporate names during the new .SUCKS gtld Sunrise Period, versus waiting for the general registration period when the .SUCKS domain names become significantly cheaper, but then facing the very real possibility that YOURCOMPANY.SUCKS may irretrievably be taken by a disgruntled customer or ex-employee. Clearly, the situation is .PROBLEMATIC.

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April 1, 2015   No Comments