Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of Texas.
Summary: Where remand of post-reexamination claims that issued during the pendency of an appeal would be futile, the Federal Circuit may address the claims as they emerge from reexamination.
In Cosmetic Warriors v. Pinkette Clothing, the Ninth Circuit addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act.
Cosmetic Warriors Limited (CWL) is a cosmetics retail company, which owns almost 1000 LUSH retail stores worldwide and has been operating in the U.S. since 2002. CWL owns multiple U.S. trademark registrations, including registrations of LUSH on perfumes and hair services.
Before Newman, Clevenger and Chen. Appeal from the United States District Court for the Central District of California.
Summary: Prosecution history estoppel does not bar enforcement of a patent when the accused product falls outside the scope of the purported surrender.
On July 20, 2018, SingHealth, a Singapore healthcare institution consisting of four public hospitals, five national specialty centers and a network of nine polyclinics, reported that it had been the target of a cyberattack resulting in the information of around 1.5 million individuals being compromised.
Before Newman, Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board.
Summary: A party did not waive SAS-based relief in an IPR appeal when it requested remand for consideration of non-instituted claims shortly after issuance of SAS and requested remand for consideration of non-instituted grounds shortly after issuance of the Federal Circuit’s first orders recognizing that SAS also required consideration of all grounds raised in an IPR petition.
On July 18, 2018, the FDA released a Biosimilar Action Plan[1] that is aimed at promoting competition and affordability across the market for biologics and biosimilar products. The Plan uses four key strategies to accomplish these goals:[2]
https://www.regulations.gov/document?D=USTR-2018-0025-0002 The Office of the United States Trade Representative (USTR) released a report on an investigation of China’s acts, policies, and practices related to technology transfer, intellectual property (“IP”), and innovation. The report noted several stakeholders’ concerns, such as trade secret theft, bad faith trademarking, patent infringement by Chinese government-owned entities, inadequate IP enforcement mechanisms, substantial obstacles to civil enforcement, inconsistent criminal and administrative enforcement, and widespread counterfeiting, and the distribution of counterfeit products over the internet. Specifically, the report noted that counterfeiting occurs in a wide range of product categories, including clothing, footwear, and formalwear.
En Banc (excl. Chen), Opinion for the court filed by Stoll, joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District of Virginia.
Summary: 35 U.S.C. § 145 does not require Applicants to pay the attorneys’ fees of the United States Patent and Trademark Office (“USPTO”) when challenging an adverse decision of the USPTO in district court.
Before Prost, Moore, and Reyna. Appeal from the United States District Court for the District of Massachusetts
Summary: A patent claim having multiple permutations is only enabled if each and every permutation is enabled.
Before Frost, Newman, and Lawrie. Appeal from the U.S. District Court for the Eastern District of Texas.
Summary: A weak showing of secondary considerations is insufficient to create a genuine dispute of fact sufficient to overcome a strong showing of obviousness.
