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.

New Law Journal Article Published

NEW LAW JOURNAL ARTICLE PUBLISHED The IPO Law Journal has a new article entitled "TTAB Rulings’ Preclusive Effect 5 Years After B&B Hardware." The article was authored by CURTIS KRECHEVSKY and [...]

Decision on Sealing Remanded for Assessment Regarding Third Party Information

*DECISION ON SEALING REMANDED FOR ASSESSMENT REGARDING THIRD PARTY INFORMATION Uniloc 2017 LLC v. Apple Inc., 19-1922 -- Yesterday in an opinion by Judge MAYER, the Federal Circuit va[...]

USPTO Erred in Holding Claim Not Unpatentable Without Further Analysis

*USPTO ERRED IN HOLDING CLAIM NOT UNPATENTABLE WITHOUT FURTHER ANALYSIS Fitbit, Inc. v. Valencell, Inc., 19-1048 -- Yesterday in an opinion by Judge NEWMAN, the Federal Circuit vacate[...]

Arthrex Remedy Also Applies to Ex Parte Proceedings

**ARTHREX REMEDY ALSO APPLIES TO EX PARTE PROCEEDINGS In re: Boloro Global Ltd., 19-2349 – Yesterday in an order by Judge DYK, the Federal Circuit granted Boloro’s motion to vacate an[...]

Check Out Recent IP Chat Channel Webinars Available On-Demand

CHECK OUT RECENT IP CHAT CHANNEL™ WEBINARS AVAILABLE ON-DEMAND Did you miss a recent webinar on IPO’s IP Chat Channel? No problem—our webinars are available on-demand after the[...]

District Court Abused Discretion in Denying Attorney Fees

*DISTRICT COURT ABUSED DISCRETION IN DENYING ATTORNEY FEES Electronic Comm’n v. ShoppersChoice.com, LLC, 19-2087 -- On July 1 in an opinion by Judge WALLACH, the Federal Circuit vacat[...]

Obviousness-Type Double Patenting Did Not Apply Due to Lack of Common Ownership

*OBVIOUSNESS-TYPE DOUBLE PATENTING DID NOT APPLY DUE TO LACK OF COMMON OWNERSHIP Immunex Corp. v. Sandoz, Inc., 20-1037 -- Yesterday in an opinion by Judge O’MALLEY, a split Federal C[...]

Adding .Com to Otherwise Generic Term Can Transform Term as a Whole Into Protectable Trademark

****ADDING .COM TO OTHERWISE GENERIC TERM CAN TRANSFORM TERM AS A WHOLE INTO PROTECTABLE TRADEMARK USPTO v. Booking.com B.V., 19-46 -- Yesterday in an opinion by Justice GINSBERG, the U.S. Supreme [...]

USPTO Properly Invoked Common Sense in Obviousness Analysis

*USPTO PROPERLY INVOKED COMMON SENSE IN OBVIOUSNESS ANALYSIS B/E Aerospace, Inc. v. C&D Zodiac, Inc., 19-1935 -- On Friday in an opinion by Judge REYNA, the Federal Circuit upheld[...]

Court Upholds USPTO Claim Cancellation; Error in Construing Claim Preamble as non-Limiting Was Harmless

*COURT UPHOLDS USPTO CLAIM CANCELATION; ERROR IN CONSTRUING CLAIM PREAMBLE AS NON-LIMITING WAS HARMLESS Shoes By Firebug LLC v. Stride Rite Children's Group, 19-1622 -- On Thursday in[...]