Come as you are – so long as you aren’t wearing a t-shirt that infringes my logo

Nirana’s lawsuit for copyright and trademark infringement against Marc Jacobs International LLC (and others) has been allowed to continue.  On November 8, 2019, a Federal Judge denied defendant’s motion to dismiss the claims, regarding Nirvana’s “smiley face” logo, created by Kurt Cobain in 1991.  Nirvana v Marc Jacobs The Court conducted a review of defendant’s […]

Parties seek redress under Arthrex, despite “waiver”

In Sanofi-Aventis Deutschland GMBH, V. Mylan Pharmaceuticals Inc. Appeal Nos 2019-1368 and 2019-1369, decided November 19, 2019 Sanofi-Aventis v Mylan, a majority of the Federal Circuit rejected Sanofi’s request to vacate the Board’s decision and remand to a different Board panel under Arthrex, in a footnote.  Slip opinion, footnote 4.   Arthrex, Inc. v. Smith […]

Federal Circuit holds claims for infringement under the doctrine of equivalents barred by prosecution history estoppel

Pharma Tech Solutions, Inc., Decision IT Corp., v. LifeScan, Inc., LifeScan Scotland, LTD., Johnson and Johnson, Appeal 2019-1163, decided November 22, 2019. pharma-tech-solutions-v-lifescan Procedural Background Pharma Tech Solutions, Inc. sued LifeScan, Inc. for infringement of US Patent Nos. 6,153,069 and 6,413,411, both directed to blood glucose monitoring systems. As originally presented, the claims of the […]

A unanimous SCOTUS holds that the “PTO cannot recover the salaries of its legal personnel under §145”

Peter v. NantKwest

PTAB Holds All Claims Unpatentable under §101 in PGR Proceeding

U.S. Patent US9691090 is directed to methods of operationalizing privacy compliance.  On October 10, 2019, PTAB held all claims of the ‘090 patent unpatentable under 35 USC §101 as directed to abstract ideas as a result of a PGR challenge.  Avepoint v. Onetrust  While it may not come as a surprise to many that claims […]

US District Court in Boston holds that Border Searches of Electronics without a Warrant Violate the 4th Amendment

Alasaad v DHS

The FCC and HHS – two of the Federal Agencies tasked with enforcing privacy regulations in the US – have been called on the carpet for not doing so.

On the same day.  FCC.2019.11.8. Letter re Location Privacy and HHS Ltr from Senator Warner 8NOV2019  

Tech Center 1700 PTAB Observations, October 2019

As due diligence for an appeal in a difficult case I have been prosecuting for a client, I looked through the decisions issued by PTAB out of Tech Center 1700 in October of 2019.  Here are some things I found interesting: The Board heard 80 appeals, and reversed the Examiner 24 times. In the reversals: […]

Things go from bad to worse for L’Oreal in their multifaceted litigation with Olaplex

In 2018, the Federal Circuit reversed the District Court of Delaware’s refusal to grant Liqwd a preliminary injunction against L’Oreal Liqwd v L’Oreal Preliminary Injunction.  Many reported earlier this summer on L’Oreal’s expensive loss to Olaplex in the District Court of Delaware.  (See, e.g., https://www.bloomberg.com/news/articles/2019-08-12/l-oreal-owes-startup-91-million-for-stealing-its-trade-secrets).  L’Oreal has now been dealt another blow by the Federal […]

Federal Circuit reverses PTAB’s holding that the preamble “travel trailer” was nothing more than an intended use, and not limiting

David Fought and Martin Clanton (“Appellants”, In re Fought and Clanton) are the named inventors on US Patent Application No. 13/507528 directed to a “travel trailer.”  The Examiner rejected the claim 1 under 35 USC 102(b) over a reference describing a conventional truck trailer and claim 2 under 35 USC 102(b) over a reference describing […]