For our weekly SoCal IP Institute meeting on Monday, December 3, 2018, we will discuss the following cases:
DBN Holdings v. International Trade Commission (CAFC November 27, 2018 available here). DBN Holding, Inc. and BDN LLC appealed a decision from the International Trade Commission, which denied a petition to rescind or modify a civil penalty order. The ITC denied the petition on the basis of “res judicata”. The CAFC reversed and remanded because neither the ITC nor the federal circuit considered whether to rescind or modify the civil penalty in light of the invalidity of the relevant patent claims.
Bruce Schlafly v. St. Louis Brewery (CAFC November 26 2018 here) The Saint Louis Brewery (“SLB”) is a craft brewery founded in 1989 by Thomas Schlafly and Daniel Kopman in St. Louis, Missouri. The brewery began selling beer with the SCHLAFLY mark in 1991. In 2011 the brewery applied to register for the word mark SCHLAFLY for use with various types of beer. The application was opposed by several relatives with the Schlafly last name. The Trademark Trial and Appeal Board denied the opposition, the federal circuit affirmed.
We will also discuss an academic paper regarding conflicts in patent practice (available here)
All are invited to join us on Monday December 3, 2018, 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.