Appeals, precedential opinions and what they change downstream.
179 articles · page 6 of 15
Written by : Jeremiah S. Helm, Ph.D. and Jacob S. Etling United Services Automobile Association v. PNC BANK N.A., Before Dyk, Clevenger, and Hughes . Appeal from the United States District Court for the Eastern District of Texas. Summary : A claim that…
Written by : Sashank Krothapally and Jacob R. Rosenbaum HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto , and Stark. Appeal from the Trademark Trial and Appeal Board. Summary : Continuous-use evidence is not necessarily prima facie…
Written by : Nickolas Taylor and Daniel Kiang AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy , Moore, and Chen. Appeal from the United States District Court for the District of Delaware. Summary : Arguments and amendments made…
Written by : Savannah J. Torborg and Kendall Loebbaka BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore , Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary : In assessing genericness, the TTAB considers how the mark…
Written by : Luke D. Holbrook and Jacob R. Rosenbaum DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] Before Prost, Taranto, and Hughes . Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary…
CASE OF THE WEEK Actavis Labs. FL, Inc. v. United States , Appeal No. 2023-1320 (Fed. Cir. Mar. 21, 2025) Our Case of the Week, in the words of its author, Circuit Judge Stark, “is not actually a patent case. It is, instead, a tax case.” In…
Written by : Kenneth O. Aruda, Ph.D. and Nathan D. Reeves RESTEM, LLC v. JADI CELL, LLC Before Moore , Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : Inherency in product-by-process claims requires the prior art process to…
Written by : Matthew S. Whitehead and Daniel Kiang ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART Before Dyk , Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A patent applicant forfeited its…
Written by : James Raleigh and Daniel Kiang IMMUNOGEN, INC. v. STEWART Before Lourie , Dyk, and Prost. Appeal from the United States District Court for the Eastern District of Virginia. Summary : A solution to a problem can be obvious even when the problem…
Written by : Isabella C. Pestana and Justin J. Gillett IN RE: XENCOR, INC. Before Hughes, Stark, and Schroeder (sitting by designation). Appeal from the U.S. Patent and Trademark Office, Patent Trial and Appeal Board. Summary : To provide adequate written…
Written by : Joshua M. Martineau and Douglas B. Wentzel SIERRA WIRELESS, ULC V. SISVEL S.P.A. Before Moore , Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : The Board erred by finding method-claim steps connected by…
Written by : Charles J. Sirek and Jacob R. Rosenbaum IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie , Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida Summary : The district court…
