The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a previous IPR. In
Latest from SWIPLit Blog - Page 2
USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction
By: Michelle Emeterio and David Barker
USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15
Supreme Court Grants Certiorari in Amgen v. Sanofi to Decide Enablement Question
By: Trent Hoffman and David Barker
On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, to review “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art
Federal Circuit Holds Patent Venue Decision Based on Remote Workers Did Not Warrant Mandamus Relief
By Daniel M. Staren and David G. Barker
The Federal Circuit recently denied a mandamus petition seeking relief from a district court order denying a motion to dismiss a patent case for improper venue under 28 U.S.C. § 1400(b).
TTAB Mulls Whether Mavericks Star Luka Doncic Can Revoke Trademark Consent After Issuance of a Mark
By: Zach Schroeder and David Barker
To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent. 15 U.S.C. § 1052(c). The United States Patent and Trademark Office (“USPTO”) is
Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction
By: Emily R. Parker and David G. Barker
The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale of a
Ninth Circuit Upholds Trademark Protections for Manufacturer of E-Cigarettes Containing Delta-8 THC
By Andrew S. Green and David G. Barker
The Ninth Circuit affirmed a preliminary injunction in favor of AK Futures LLC (“AK Futures”), a manufacturer of e-cigarette and vaping products, against Boyd Street Distro, LLC (“Boyd Street”), a Los Angeles-based
Irreparable Harm, I Presume? The Trademark Modernization Act and Other Changes in Trademark Law
By Deborah A. Gubernick and Michelle Emeterio
Please click here to see the article.
Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act
By Amanda Z. Weaver, Ph.D. and David G. Barker
The U.S. Supreme Court recently granted a petition for writ of certiorari (docket, here) to review the extent to which a work of art is a “transformative” fair use under
Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit
By Zach Schroeder and David G. Barker
On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible