For our weekly SoCal IP Institute meeting on Monday, November 25, 2018, we will discuss the following cases:
Ancora Technologies, Inc. v. HTC America (TTAB November 16, 2018 available here). Ancora sued HTC on a patent related to limiting a computer’s ability to run unauthorized software. The district court ruled the patent was ineligible under 101, the Federal circuit reversed. The patent claims taught using a computer’s BIOS memory to store the license record. Doing so makes it very difficult to hack the software and use it for unauthorized purposes. The Federal Circuit disagreed with this analysis, and reasoned that storing license information in BIOS memory was a concrete improvement worthy of patent protection.
Omaha Steaks v. Greater Omaha Packing (CAFC November 15 2018 here) Omaha Steaks filed an Opposition against the mark GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF. The board dismissed the opposition finding no likelihood of confusion, the CAFC disagreed and remanded the case. Opposer submitted evidence regarding how much money they spent on advertising but the board discounted such evidence, the CAFC said such analysis was legally flawed.
All are invited to join us on Monday November 25, 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.