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PTAB Can’t Find Means-Plus-Function Claims Defective

CAFC Refuses Remand on 112 6th Deficiencies When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to identify the specific...

Proprietary Rights in a Mark Not Required for Standing at the TTAB

AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary:  Standing to Challenge A Registered...

Generally, personal data may not be transferred to countries outside of the European Economic Area (“EEA”) under the EU General Data Protection Regulation ... Read More »
CAFC Refuses Remand on 112 6th Deficiencies When challenging claims at the Patent Trial & Appeal Board (PTAB), Rule 42.104(b)(3) requires a Petitioner to... Read More »
FANDUEL, INC. v. INTERACTIVE GAMES LLC Before Dyk, Moore, and Hughes.  Appeal from the Patent Trial and Appeal Board. Summary: The Board does not violate ... Read More »
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary:  Standing to ... Read More »
A brand owner discloses almost every week that a security or data breach has occurred. For privacy, operations, and trademark professionals alike, the ramifications... Read More »
CASE OF THE WEEK Uniloc 2017 LLC v. Hulu, LLC, Appeal No. 2019-1686 (Fed. Cir. July 22, 2020) In this appeal, the Federal Circuit held for the first time that ... Read More »
Gensetix, Inc. v. Baylor College of Medicine Before Newman, O’Malley, and Taranto. Appeal from the U.S. District Court for the Southern District of Texas. ... Read More »
Delaware Cases Slipping 4-6 Months The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention ... Read More »
UNILOC 2017 LLC v. HULU, LLC Before O’Malley, Wallach, and Taranto.  O’Malley dissenting.  Appeal from the Patent Trial and Appeal Board. ... Read More »
The first half of 2020 is over and so far this year has been very challenging for all sectors of the economy. The legal sector has not been very different. Some law... Read More »
Settlement by Amendment Scenario Thwarted in PTAB Rehearing Reversal Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG... Read More »
With all the buzz about the California Consumer Privacy Act (“CCPA”), it seems easy for businesses to miss or overlook other important state legislation... Read More »
CASE OF THE WEEK Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co., Ltd., Appeal No. 2019-2050 (Fed. Cir. July 14, 2020) In this week’s Case... Read More »
MAYBORN GROUP, LTD., MAYBORN USA, INC. v. INTERNATIONAL TRADE COMMISISION Before Lourie, Linn, and Wallach.  Appeal from the U.S. International Trade... Read More »
Roughly 10% of AIA Proceedings Involve Amendments Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to... Read More »
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC. Before Lourie, Reyna, and Hughes.  Appeal from U.S. District Court for the Eastern District of Texas... Read More »
DANA-FARBER CANCER INSTITUTE v. ONO PHARMACEUTICAL CO., LTD. Before Newman, Lourie, and Stoll.  Appeal from the U.S. District Court for the District of... Read More »
41,686. That is the number of security incidents a recent Verizon study tracked across 86 countries and 73 data sources, as experts work to identify patterns in data... Read More »
UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION Before Prost, Mayer, and Taranto. Appeal from the United... Read More »
CASE OF THE WEEK Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) This week’s case of the week... Read More »
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