The Federal Circuit lacks subject matter jurisdiction over a standalone Walker Process antitrust claim concerning an unenforceable patent because such a cause of action does not inherently present a substantial issue of patent law.
On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida.
The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed to attain acquired distinctiveness under Section 2(f) of the Trademark Act. In re TBL Licensing LLC, Serial No. 86634819 (TTAB April 2, 2021).
Although product designs may not be inherently distinctive, a product design that provides no real utilitarian advantages to the user, but is one of many equally feasible, efficient and competitive designs, may be registrable upon a showing of acquired distinctiveness pursuant to Section 2(f) of the Trademark Act.” Id. at 6.
HYATT v. HIRSHFELD
Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia.
Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent applications claiming priority to applications more than six years old.
BIO-RAD LABORATORIES, INC. v. ITC
Before Newman, Lourie, and Dyk. Appeal from the ITC.
Summary: Patentees cannot escape the bounds of their claims by promoting oversimplified characterizations of those claims.
BECTON, DICKINSON AND COMPANY v. BAXTER CORPORATION ENGLEWOOD
Before Prost, Clevenger, and Dyk. Appeal from the Patent Trial and Appeal Board.
Summary: A patent that has issued and subsequently been canceled may be cited as a reference in an IPR.
In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC (“Yeezy”) U.S. Trademark Application Serial No. 88/746444 for its sun rays design mark, shown below (“Yeezy’s Mark”). Yeezy was founded and is owned by Kanye West, who Walmart describes as a “recording artist, record producer, fashion designer, and former candidate for President of the United States.”
NEW VISION GAMING & DEVELOPMENT, INC. V. SG GAMING, INC.
Before Newman, Moore, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit vacated and remanded two CBM decisions under Arthrex without resolving other issues raised on appeal, including whether a forum selection clause in a license agreement barred the CBM proceedings.
TRIMBLE INC. v. PERDIEMCO LLC
Before Judges Newman, Dyk, and Hughes. Appeal from the United States District Court for the Northern District of California.
Summary: Repeated email, phone, and letter communications threatening patent infringement litigation and negotiating a potential licensing arrangement with a company in forum state held sufficient for personal jurisdiction in forum state.
UNILOC 2017 LLC v. APPLE INC.
Before Prost, Bryson, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Evidence of the plain and ordinary meaning of the term “intercepting” as set forth in dictionary definitions was outweighed by evidence of the meaning of the term in the prosecution history, specification, and context of the claims.
