For our weekly SoCal IP Institute meeting on Monday, September 17, 2018, we will discuss the following cases:
Intellectual Ventures v. T-Mobile USA, Inc. (CAFC September 4, 2018 available here). Intellectual Ventures asserted U.S Patent No. 6,640,248 against T-Mobile. The U.S. District Court for the District of Delaware granted summary judgment in favor of T-Mobile. The CAFC held the District Court relied on an erroneous claim construction and vacated and remanded. However, they CAFC did agree with the District Court’s finding of indefiniteness.
Cai v. Diamond Hong, Inc. (CAFC August 27, 2018 available here). Cai’s mark was cancelled after a cancellation proceeding before the TTAB. Cai acting pro se, filed an appeal with the TTAB. The TTAB would not consider evidence in the filed brief because it did not adhere to proper procedures found in the TTAB manual. The CAFC affirmed, finding it was not an abuse of discretion to not consider such evidence.
All are invited to join us on Monday September 17 , 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.