Did They Want to Infringe? – Federal Circuit Denies Declaratory Judgment When Party at No Risk of Lawsuit
[MITEK SYSTEMS, INC., v. UNITED SERVICES AUTOMOBILE ASSOCIATION [OPINION]] Before Taranto, Schall, and Chen. Appeal from the United States District Court for the Eastern District of Texas Summary: The plaintiff...
Reissue Applications Are Bound by the Scope of the Claims as Written, Not as Intended
IN RE KOSTIC Before Stoll, Clevenger, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: When considering whether a reissue claim broadens the scope of the original patent,...
Coloring Within the Lines: The Genericness Test for Color Trademarks
IN RE: PT MEDISAFE TECHNOLOGIES Before Prost, Clevenger, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: A proposed color mark was found generic where the relevant public...