PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After Cellect and Allergan
Key Takeaway: The PTO Director’s sua sponte rehearing of Ex parte Baurin raises questions regarding the scope of Allergan v. MSN, Examiners’ role in obviousness-type double patenting rejections, and the...
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?
Key Takeaway: The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case centered on video rental company Blockbuster, which has the potential to significantly widen the scope of...
How Ignoring Disclosed Structure Can Derail a Means-Plus-Function Case
GENUINE ENABLING TECHNOLOGY LLC v. SONY GROUP CORPORATION Before Dyk, Taranto, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit affirmed summary judgment...