Two Recent Federal Circuit Patent Cases

Objective Indicia of Nonobviousness and Restrictive Scope of Patent Reissue Please join us on Monday, September 11, 2023, where we will discuss two recent precedential opinions from the U.S. Court of Appeals for the Federal Circuit in the patent sphere addressing [1] when evidence of objective indicia of nonobviousness is correctly argued and [2] issues [...]

By |2023-11-09T13:30:10-08:00September 8th, 2023|Reissue, Obviousness, Guest Speaker, Patent|0 Comments

Ninth Circuit Rules in Favor of Yoga Icon Lululemon in a Reverse Trademark Confusion Case over their Align Pants

Vancouver-based Lululemon ("Lulu"), founded in 1998, is famously known for their boujee yoga-inspired activewear. Industry competitor Aliign Activation Wear (“Aliign”) filed suit against Lulu in the Central District of California back in mid-2020, primarily alleging that Lulu was infringing its Aliign trademark, which Aliign said it has been using since 2011. You see, Lulu rolled [...]

CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness

SoCal IP Law Institute MCLE meeting of August 15, 2022 - CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. Please join us on Monday, August 15, 2022 at Noon , where we will discuss CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. For [...]

Less Whack in Waco; Echos of 2015

Summer time and the living is easy, so I’m a bit delayed in this week’s post. Apologies. In this week’s post, I highlight shifts in the patent litigation environment in Texas. The Eastern District of Texas, especially Marshall and Tyler, used to be the top venue choice for patent owners who wanted a fast path [...]

SoCal IP Institute :: November 24, 2014 :: Collateral Estoppel and the Original Patent Requirement

Our weekly SoCal IP Institute meeting on Monday, November 24, 2014 will be a discussion of two Federal Circuit cases -- one involving the applicability of collateral estoppel and the other involving the "original patent" requirement for reissue patents. E.Digital Corp. v. Futurewei Tech's., Inc.., Case No. 2014-1019 (Fed. Cir. November 17, 2014) (available here).  E.Digital [...]

By |2014-11-21T16:10:47-08:00November 21st, 2014|Reissue, Patent|0 Comments

SoCal IP Institute :: December 17, 2012 :: Withdrawing Terminal Disclaimers and Rule 11 Sanctions

We will be discussing two Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, December 17, 2012. Brief synopses are presented below. In Re Yamazaki, Case No. 2012-1086 (Fed. Cir. December 6, 2012) (attached). During the prosecution of U.S. Patent 6,180,991, Applicant Yamazaki filed a terminal disclaimer to overcome an obviousness-type double [...]

SoCal IP Institute :: March 12, 2012 :: Section 101 Jurisprudence and Limits on Broadening Reissue Claims

We will be discussing two Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, March 12, 2012. Brief synopses are presented below. Myspace, Inc. v. GraphOn Corp., Case No. 2011-1149 (Fed. Cir. Mar. 2, 2012) (attached).  GraphOn had a patent relating to the ability to create, modify and store database records over [...]

By |2012-03-09T02:04:48-08:00March 9th, 2012|Patent, Prosecution, Reissue|0 Comments

SoCal IP Institute :: April 25, 2011 :: Contempt in Patent Cases and Adding Claims in Reissue

We will be discussing two recent, relevant opinions in our weekly SoCal IP Institute meeting on Monday, April 25, 2011.  The first case sets forth a new standard for judging contempt in patent cases. The second case deals with the propriety of adding claims in reissue.  A brief synopsis of the cases is presented below. [...]

By |2011-04-22T15:43:40-07:00April 22nd, 2011|Reissue, Contempt|0 Comments
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