For our weekly SoCal IP Institute meeting on Monday, January 9, 2017, we will discuss the following:
D’Agostino v. Mastercard Int’l Inc., Case Nos. 2016-1592 and 2016-1593 (Fed Cir. December 22, 2016) (available here). Method claims of Plaintiff’s patents disclose processes for generating limited-use transaction codes to be given to a merchant by a customer for the purchase of goods and services to enhance security for the customer. In two inter partes review proceedings, the Patent Trial and Appeal Boardfound that these claims are unpatentable for anticipation and obviousness. The Federal Circuit vacated the Board’s decisions finding that they rested on an unreasonable claim interpretation.
In re: Jobdiva, Inc., Case No. 2015-1960 (Fed. Cir. December 12, 2016 ) (available here). The Trademark Trial and Appeal Board held that Jobdiva failed to show that it used its marks in connection with personnel placement and recruitment services because it merely showed that it used its marks on software offerings. The Federal Circuit vacated the Board’s decision, finding that the proper question is whether appellant, through its software, performed personnel placement and recruitment services and whether consumers would associate appellants registered marks with personnel placement and recruitment services, regardless of whether the steps of the service were performed by software.
All are invited to join us on Monday, January 9, 2017, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.