Several months ago, I blogged about an order allowing a trademark dispute concerning “Village People” marks to be appealed to the Federal Circuit. Here’s how the appeal turned out. Karen I. Willis v. Can’t Stop Productions, Inc., No. 2012-1109 (Fed. Cir. Nov. 13, 2012) (Judges Prost, Moore, and O’Malley) (per curiam) (nonprecedential) Karen Willis is […]
Category: Federal Circuit Spotlight
Patent-eligibility of Software Continues to Divide the Federal Circuit
The Federal Circuit continues to struggle with software patentability, even after the Supreme Court’s decisions in Mayo v. Prometheus and In re Bilski. As you probably remember, those cases struck down patents for failing to claim patent-eligible subject matter under 35 U.S.C. § 101. Bilski dealt with a method of hedging investments, and Prometheus dealt […]
When You Wish Upon a Trademark
Miracle Tuesday needed a miracle to overcome the Trademark Trial and Appeal Board’s (TTAB) rejection of its trademark application. But the Federal Circuit didn’t grant its wish, this time. In re Miracle Tuesday, LLC, No. 2011-1373 (Fed. Cir. Oct. 4, 2012) (Chief Judge Rader, Circuit Judges Linn and O’Malley) This trademark appeal involves the wordiest […]
Oh Snap! The Federal Circuit Shoots Down Trademarks
The Federal Circuit recently took a stab at the Trademark Trial and Appeal Board’s (TTAB) decision about SNAP trademarks for syringes, and told the TTAB that it had misdiagnosed the descriptiveness of the marks. Interestingly, the court didn’t just send the case back to the TTAB—it told the TTAB to cancel the marks. DuoProSS Meditech […]
Jurisdictional Fortune Telling
This case involves a patent infringement lawsuit, but this decision isn’t really about patent law. Legally, it’s about personal jurisdiction. But it’s also an interesting example of how appellate judges interpret sometimes-murky Supreme Court precedent. Personal jurisdiction gets into the thick of legal theory, folks, but I’ll guide you through it. AFTG-TG v. Nuvoton Technology […]
The Lovenox® Patent War, Part 467
Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., Nos. 2012-1062, 1103, 1104 (Aug. 3, 2011) (Chief Judge Rader, Circuit Judges Dyk and Moore) Litigation surrounding enoxaparin—a pharmaceutical drug used to prevent blood clots—has been raging for nearly a decade. In fact, this Federal Circuit opinion issued one day before the 9th anniversary of the date when […]