SoCal IP Institute :: August 14, 2017 :: Doctrine of Equivalents ; CAFC Disagrees with the PTAB

For our weekly SoCal IP Institute meeting on Monday, August 14, 2017, we will discuss the following cases:
Enzo Biochem v. Applera, (Federal Circuit 2017) (available here). Enzo and Applera had been involved in litigation over patents for genetic testing and labeling since 2004. In a new round of litigation, plaintiff argued under the doctrine of equivalence, that the […]

SoCal IP Institute :: July 24, 2017 :: Law Firm Trademarks ; Expert Testimony and Claim Scope

For our weekly SoCal IP Institute meeting on Monday, July 24, 2017, we will discuss the following cases:
Merchant & Gould P.C. v. MG-IP Law, P.C. (TTAB decision April 19, 2017) (available here). An IP law firm filed for a trademark to the name MG-IP.  Another IP law firm, Merchant and Gould, petitioned for cancellation of the […]

SoCal IP Institute :: June 26, 2017 ::Disparagement Clause of Lanham Act Facially Unconstitutional; What Does “Substantial Portion” of Components to a Patented Invention Mean?

For our weekly SoCal IP Institute meeting on Monday, June 26, 2017, we will discuss the following cases:
Matal v. Tam (Supreme Court, June 19, 2017) (available here). A rock group known as “The Slants” chose their band name in order to reclaim the term from its racist origins. The Trademark Office denied the band’s registration of […]

By |June 24th, 2017|Agreement Interpretation, Noninfringement, Patent, Trademark, TTAB|0 Comments

SoCal IP Institute :: June 19, 2017 ::The Supreme Court on Patent Exhaustion; Housing Design Copyright Trolls

For our weekly SoCal IP Institute meeting on Monday, June 19, 2017, we will discuss the following cases:
Impression Products, Inc. v. Lexmark International, Inc. (Supreme Court, May 30, 2017) (available here). Lexmark makes and sells certain printer toner cartridges. To prevent third parties from reselling used toner cartridges, Lexmark instituted a “buyback” program. Customers received […]

SoCal IP Institute :: June 12, 2017 :: Changes to Patent Venue and Google Is Still Not a Generic Term

For our weekly SoCal IP Institute meeting on Monday, June 12, 2017, we will discuss the following cases:
TC Heartland LLC v. Kraft Foods Group Brands LLC  (Supreme Court, March 27, 2017) (available here).  Kraft Foods sued TC Heartland for patent infringement in Delaware. The district court denied TC’s motion to dismiss or transfer venue. TC petitioned […]

SoCal IP Institute :: May 8, 2017 :: Means-Plus-Function Standard and No Summary Judgment for Trade Dress Infringement

For our weekly SoCal IP Institute meeting on Monday, May 8, 2017, we will discuss the following cases:
Williamson v. Citrix Online, LLC (Fed. Cir., June 16, 2015) (available here).  In the original panel opinion for this case, the majority held that use of the word “module” does not invoke means-plus-function language in patent claims, such that the relevant […]

SoCal IP Institute :: April 25, 2016 :: False Expert Testimony in Patent Infringement Suit and No Bad Faith in Domain Name Dispute

For our weekly SoCal IP Institute meeting on Monday, April 25, 2016, we will discuss the following cases:
Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc., (Fed Cir. April 7, 2016) (available here).  In an infringement action involving a patent related to contact lenses, the jury returned a verdict of non-infringement and the […]

SoCal IP Institute :: April 18, 2016 :: Mark Fails to Prove Acquired Distinctiveness at TTAB; Google Adwords Don’t Infringe

For our weekly SoCal IP Institute meeting on Monday, April 18, 2016, we will discuss the following cases:
Ayoub, Inc. and Ayoub Supply, LLC v. ACS Ayoub Carpet Service (TTAB March 31, 2016) (citable decision) (available here).  In an opposition proceeding, applicant could not demonstrate that “Ayoub” had acquired distinctiveness due to lack of substantially exclusive use, namely […]

SoCal IP Institute :: March 14, 2016 :: Patentability of card games and the scope of privileged communications

For our weekly SoCal IP Institute meeting on Monday, March 14, 2016, we will discuss the following cases:
In re Smith (Fed. Cir. March 10, 2016) (available here).  Ray and Amanda Smith own a patent directed to a wagering card game that uses a real or a virtual standard deck of cards. The examiner rejected the claims of the […]

By |March 11th, 2016|Noninfringement, Patent|0 Comments

SoCal IP Institute :: March 7, 2016 :: Contempt in Copyright Disputes and Infringement of Video Game Pointing Devices

For our weekly SoCal IP Institute meeting on Monday, March 7, 2016, we will discuss the following cases:
CBS Broadcasting, Inc. et al. v. FilmOn.com, Inc., Docket No. 14-3123-cv (2d. Cir. Feb. 16, 2016) (available here).  FilmOn provides an online streaming service that rebroadcasts, via the internet, broadcast television.  FilmOn offered content from a number of […]