IPO Daily NewsTM

A quick read, the IPO Daily NewsTM is three to five concise paragraphs a day. It includes summaries of all patent and trademark opinions of the U.S. Court of Appeals for the Federal Circuit, the next day after opinions are issued and wire service stories of other selected IP cases.

Appeal of Licensing Royalty Award Did Not Necessarily Raise Issue of Patent Law

** APPEAL OF LICENSING ROYALTY AWARD DID NOT NECESSARILY RAISE ISSUE OF PATENT LAW  Acorda Therapeutics, Inc. v. Alkermes PLC, 23-23-74 -- On Friday in an opinion by Judge TARANTO, th[...]

WTO Appeal Arbitrators Find Anti-Suit Injunctions Inconsistent With TRIPS

WTO APPEAL ARBITRATORS FIND ANTI-SUIT INJUNCTIONS INCONSISTENT WITH TRIPS On Monday, the World Trade Organization (WTO) Appeal Arbitrators determined that anti-suit injunction (ASI) measures adopte[...]

USPTO Incorrectly Determined Commercial Impressions of Marks

*USPTO INCORRECTLY DETERMINED COMMERCIAL IMPRESSIONS OF MARKS  Sunkist Growers, Inc. v. Intrastate Dists., Inc., 24-1212 -- Yesterday in an opinion by Judge PROST, the Federal Circuit[...]

USPTO Correctly Declined to Apply Interference Estoppel to Inter Partes Review

**USPTO CORRECTLY DECLINED TO APPLY INTERFERENCE ESTOPPEL TO INTER PARTES REVIEW  IGT v. Zynga Inc., 23-2262 -- Yesterday in an opinion by Judge TARANTO, the Federal Circuit affirmed [...]

Prosecution History Estoppel Precludes Application of Doctrine of Equivalents

**PROSECUTION HISTORY ESTOPPEL PRECLUDES APPLICATION OF DOCTRINE OF EQUIVALENTS  Colibri Heart Valve LLC v. Medtronic Corevalve, LLC, 23-2153 – On Friday in an opinion by Judge TARANT[...]

Doctrine of Prosecution Disclaimer Applies to Design Patents

**DOCTRINE OF PROSECUTION DISCLAIMER APPLIES TO DESIGN PATENTS Top Brand LLC v. Cozy Comfort Co. LLC, 24-2191 -- Yesterday in an opinion by Judge DYK, the Federal Circuit reversed a d[...]

IPO Deputy Executive Director and Congressman Darrell Issa (R-CA) Discuss IP Issues

IPO DEPUTY EXECUTIVE DIRECTOR AND CONGRESSMAN DARRELL ISSA (R-CA) DISCUSS IP ISSUES Last evening at an event in Washington, DC, IPO Deputy Executive Director & Chief Policy Counse[...]

IPO Attends WIPO General Assemblies

IPO ATTENDS WIPO GENERAL ASSEMBLIES Last week IPO attended the Sixty-Sixth Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO) in Geneva[...]

Final Written Decision Does Not Determine if Applicant-Admitted Prior Art Was Used as a Basis in IPR Petition

**FINAL WRITTEN DECISION DOES NOT DETERMINE IF APPLICANT-ADMITTED PRIOR ART WAS USED AS A BASIS IN IPR PETITION Shockwave Med., Inc. v. Cardiovascular Sys., Inc., 23-1864, 23-1940 -- [...]

IPO Annual Meeting Session: Recent (Patent) Developments at the USPTO

IPO ANNUAL MEETING SESSION: RECENT (PATENT) DEVELOPMENTS AT THE USPTO Register for IPO’s Annual Meeting, September 7-9, and attend a session on “Recent (Patent) Developments at the USPTO” organized[...]