VIP Products v. Jack Daniels, No. 18-16012, 9th Circuit, March 31, 2020. A 9th circuit panel denied Jack Daniel’s their win and affirmed in part, vacated in part and reversed in part the district court’s judgement after a bench trial and permanent injunction in favor of Jack Daniel’s Properties, Inc., (“JDPI”) in a trademark suit […]
Lanard Toys v Dolgencorp, Appeal No. 2019-1781, Fed. Cir. May 14, 2020 Lanard Toys makes and sells the “Lanard Chalk Pencil”, a chalk holder that looks like a pencil. Lanard obtained Design patent D671,167 directed to the ornamental features of the chalk holder, and also owns copyright Reg. Va 1-794-458. Lanard began selling their Chalk […]
In HZNP Medicines LLC et al. v Actavis Laboratories UT, Inc., 940 F.3d 680 (Fed. Cir. 2019), a Federal Circuit panel affirmed the district court’s holding that the transitional phrase “consisting essentially of” rendered the claims at issue indefinite. See, my previous post here – https://www.ksjlaw.net/federal-circuit-holds-that-transitional-phrase-consisting-essentially-of-renders-claim-indefinite-unless-the-basic-and-novel-properties-of-the-invention-are-definite/ On February 25, 2020, the Federal Circuit denied HZNP’s […]
Illumina v Ariosa Diagnostics C.A. No. 2019-1419 (Fed. Cir. 2020) In Illumina, the Federal Circuit reversed the District Court of Northern District of California, and held two patents directed to methods of preparing samples for use in diagnostic methods are patent eligible under 35 USC §101. In doing so, the Court differentiated its decision in […]
After 20 years of litigation, on May 14, 2020, the Supreme Court reversed and remanded the 2nd Circuit’s decision in Marcel Fashions Grp, Inc. v. Lucky Brand Dungarees et al., No. 2017-0361. Below, Lucky Brand filed a motion to dismiss using an argument from a previous round of litigation that had not yet been raised […]
And relying on the exemplary data provided with the offer as proof of reduction to practice, without disclosing the offer, is not a good idea. GS Cleantech v Adkins Energy, No. 2016-2231 (Fed. Cir. March 2, 2020). The US District Court for the Southern District of Indiana (“District Court”) found four of Appellants patents (US […]
See, Kaken Pharma v Iancu, __ F.3d __, (Fed. Cir. Mar. 13, 2020) (Newman, O’Malley, TARANTO) and Personalized Media v Apple, [2018-1936] (Fed. Cir. March 13, 2020) (Reyna, Taranto, STOLL). In Kaken, the Federal Circuit used unequivocal statements in the specification and prosecution history, upon which the Examiner relied in allowing the claims, to reverse […]