For our weekly SoCal IP Institute meeting on Monday, October 15, 2018, we will discuss the following cases:
Data Engine Techs. LLC v. Google LLC (CAFC October 9, 2018 available here). Data Engine Tech asserted 4 patents (5,590,259), (5,784,545), (5,303,146) and (6,282,551) against Google. The district court ruled all 4 patents were invalid under 101 as being directed to ineligible subject matter. The CAFC disagreed finding “[t]hese claims are not abstract, but rather are directed to a specific improved method for navigating through complex three-dimensional electronic spreadsheets.”
In re American Cruise Lines, Inc. (T.T.A.B October 4, 2018 available here) The TTAB reversed a refusal to register the name AMERICAN CONSTELLATION. The examining attorney rejected AMERICAN CONSTELLATION for use with cruise services in light of the previously registered mark CONSTELLATION also for use with cruises. The Board mainly looked to the fact the two parties had signed a valid consent agreement. Although the Examining attorney thought the consent agreement was insufficient because it did not include steps that parties would take to avoid confusion, the Board pointed out that such steps were not required for a valid consent agreement.
All are invited to join us on Monday October 15, 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.