Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
Justin J. Gillett & Susan E. Pratt, Ph.D.
Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board.
Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to register a commonplace word because the TTAB’s decision lacked clarity.
Words Matter: “Identical” Does Not Mean “Identical to a Portion Of”
Douglas B. Wentzel & Tyler S. Cox
LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES LLC
Before Lourie, Dyk, and Cunningham. Appeal from the United States District Court for the District of Delaware.
Summary: The Federal Circuit reversed the district court’s denial of JMOL of non-infringement, which rested on an incorrect construction of “identical” and was not supported by substantial evidence.
Bait, Switch, and Retrial: Federal Circuit Rebukes Trial Arguments That Reneged on Prior Representations
MAGĒMĀ TECHNOLOGY LLC v. PHILLIPS 66
Before Moore, Stoll, and Bumb. Appeal from the District Court for the Southern District of Texas.
Summary: A district court abused its discretion by permitting a defendant to argue to a jury that actual testing was required to show infringement, after the same party successfully opposed a motion to compel by representing such testing was not necessary.
The Consequences of Converting Voluntary Dismissals
Jacob R. Rosenbaum & Jamal Perry
FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION
Before Reyna, Bryson, and Stoll. Appeal from the United States District Court for the Western District of Texas.
Summary: The district court’s conversion of the plaintiff’s voluntary dismissal to a dismissal with prejudice made the defendant the prevailing party.
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