For our weekly SoCal IP Institute meeting on Monday, June 15th, 2020 we will discuss the following cases:

Merck Sharp & Dohme Corp. v. Microspherix LLC (CAFC 2020)(available here)

Merck filed three IPRs against patents for an implantable contraceptive owned by Microspherix. The board instituted IPR review, but found the patents valid. An important issue in the case was whether prior art that qualified as such under pre AIA 102(e) could be used in an IPR proceeding. The PTAB and federal circuit held that it could.

Munchkin, Inc. v. Luv N’ Care, Ltd. (CAFC 2020)(available here)

Munchkin, sued Luv n’ Care, Ltd. and Admar International, Inc. for trademark infringement and unfair competition claims based on their spillproof drinking containers. A year later, the district court granted Munchkin leave to amend the complaint to include new trademark infringement claims, trade dress infringement claims, and patent infringement claims based on U.S. Patent No. 8,739,993. Later, Munchkin voluntarily dismissed all of its non-patent claims with prejudice and then its ’993 patent was held unpatentable through an inter parties review proceeding. Defendants then motioned for attorney’s fees, the district court granted the fees, but the federal circuit reversed.

All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link at 12:00pm PT. 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.