For our weekly SoCal IP Institute meeting on Monday, July 17, 2017, we will discuss the following cases:
The Board of Trustees of The Leland Stanford Junior University v. The Chinese University of Hong Kong. (Fed. Cir. June 27, 2017) (available here). The PTAB found Stanford’s claims regarding testing methods for fetal aneuploidies (chromosomal disease) unpatentable for lack of an adequate written description. The Federal Circuit vacated and remanded, finding that the PTAB relied on improper evidence to support its main findings. Specifically, the court found the PTAB’s reliance on expert testimony provided by Chinese University was in error, and that the PTAB failed to cite necessary evidence demonstrating lack of an adequate written description.
Phoenix Entertainment Partners, LLC, v. Kevin Burke (M.D. Fla. June 19, 2017) (available here). Plaintiff Phoenix Entertainment Partners produces and sells karaoke accompaniment CDs under the “Sound Choice” trademark. Certain karaoke bars obtained electronically duplicated versions of the tracks from the CDs and used them for karaoke. Plaintiff tried to sue under §43 of the Lanham Act for falsely passing off unlicensed goods. Defendant’s motion to dismiss was granted because the court found plaintiff was trying to extend trademark law to cover issues already covered by copyright law.