<em> Beteiro, LLC v. DraftKings Inc., et al. </em>
The Federal Circuit Court affirmed the District Court of New Jersey’s decision to dismiss a patent infringement case by determining the asserted patents patent-ineligible for containing abstract ideas and lacking innovation.
The Fight for CRISPR Patents
For over a decade, there has been a battle for the coveted patents relating to the CRISPR/Cas9 gene editing technique. Two main groups, the University of California and the Broad Institute, are litigating the rights to the patents specifically covering the editing of eukaryotic cells
AI-Inventions, Plant Patents, and the Forever-Spinning Plum
We’ve been here before. In the 1930’s, Congress decided that plants were patentable subject matter. Since then, we’ve pushed the boundaries of what can be patentable. But now that we’re faced with AI-inventions, we have choked on the idea that an invention was created using bits and not biotics.
<em> Sanho Corp. v. Kaijet Tech. Int'l Ltd., Inc. </em>
A recent Federal Circuit decision has narrowed the public disclosure requirement for obtaining patents. The requirement now limits what qualifies as “reasonably available to the public” under the prior art requirement for obtaining a patent. A private sale was not found to meet the narrowed requirement.
Redefining GI Distinctiveness to Aid Consumer Protections and Cultural Cooperation
This blog aims to address current issues facing foreign Geographical Indicator (GI) trademark recognition by the USPTO. It also seeks to explain why the USPTO should adopt a wider stance and recognize foreign GI marks more readily.
A Collision of Precedents: Assessing the <em> LKQ Corp. v. GM Global Technology Operations LLC </em> Patent Case
For the first time since 2018, the Court of Appeals for the Federal Circuit sat en banc to review a patent case. LKQ Corp v. GM Global Technology Operations LLC marks a pivotal battle over design patents and spotlights the debate surrounding existing Court precedents.
Industry-Specific Patent Policy
Patent scholars have long called for industry-specific patent policy; however, these policies must support cross-functional collaboration amongst different technologies to continue to foster innovation.
<em>Spireon, Inc. v. Flex Ltd.</em>
The Federal Circuit ruled that the TTAB failed to properly weigh the conceptual and commercial strength of a mark by not considering third-party registrations and by placing the burden to establish non-use on the applicant.
It’s Barbie’s World. Burberry’s Just Living in It.
Burberry and Mattel, maker of Barbie, recently settled a U.S. trademark dispute arising from Burberry’s application for registration of the mark “BRBY”, as Mattel withdraws its Opposition Notice and Burberry’s abandons its registration application.
Crossroads Between Free Speech and Trademarks
Over the summer, the Supreme Court announced it will take up a trademark case to determine whether the application of Section 2(c) of the Lanham Act to political figures is violative of the First Amendment.
Dunkin’ v. Vapin
Dunkin filed a suit against an e-cigarette company’ for infringing Dunkin’s trademark. Dunkin’ asserts that the e-cigarette company “Vapin” essentially took Dunkin’s style and color from their trademark and replaced the word “Dunkin’” to “Vapin.” This case has the potential to help show a clear case of what the likelihood of confusion analysis of trademark infringement looks like.
<em>Ikorongo Texas LLC v. Bumble Trading LLC</em>
The Federal Circuit affirmed the U.S. District Court for the Western District of Texas decision and canceled Ikorongo Technology LLC’s patent claims under 35 U.S.C. § 251(a), which requires that a reissue patent contain no new matter.