Our weekly SoCal IP Institute meeting on Monday, June 24, 2013 will be a discussion of two Federal Circuit decisions. Brief synopses of the cases appear below.
Ultramercial, Inc. v. Hulu, (Fed. Cir. June 21, 2013) (available here).
The Federal Circuit reversed and remanded the district court’s holding that the subject matter of plaintiff’s patent was not a “process” within the language and meaning of 35 U.S.C. section 101. Plaintiff’s patent involved a method for distributing copyrighted products over the Internet where the consumer receives a copyrighted product for free in exchange for viewing an advertisement, and the advertiser pays for the copyrighted content.
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co. (Fed. Cir. June 18, 2013) (available here).
Defendant had trademark registrations for a stitching design for use on a wide range of clothing. Plaintiff had instituted opposition and cancellation proceedings before the PTO. The PTO dismissed plaintiff’s challenges on the ground that a district court litigation between the parties barred the challenges in the PTO based on issue preclusion. The Federal Circuit reversed and remanded the PTO’s holding.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, June 24, 2013 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 Noelle Smith by 9 am Monday morning.