For our weekly SoCal IP Institute meeting on Monday, October 4, 2018, we will discuss the following cases:

Hyatt v. PTO (CAFC September 24, 2018 available here). Mr. Hyatt sued the USPTO alleging the government acted unlawfully in denying his petition for rulemaking. The district court dismissed Mr. Hyatt’s claims for lack of subject matter jurisdiction. The Federal Circuit  affirmed the dismissal based on alternative grounds.

Alibaba Grp. Holding Ltd. v. Alibabacoin Found. (SDNY April 30, 2018 available here). Plaintiff is Alibaba, an internet marketplace similar to Amazon.com. Defendant is Alibabcoin Foundation, a group responsible for creating a cryptocurrency using the name Alibabacoin. Plaintiff sued Defendant for trademark infringement, alleging that their use of a cryptocurrency infringed plaintiff’s trademark rights. The court dismissed plaintiff’s claims holding the court did not have personal jurisdiction over defendant (defendant was based in the Cayman islands).

We will also discuss a recent speech Andrei Iancu gave at the Intellectual Property Owners Association 46th Annual Meeting in Chicago on September 24th 2018. The Speech highlights the importance of a robust IP system, as well as the ambiguity and problems with current 101 jurisprudence.

All are invited to join us on Monday October 4, 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.