Category: Federal Circuit Spotlight

Patent Reexamination Makes a Judge’s Blood Boil

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In re Baxter International, No. 2011–1073 (Fed. Cir. May 17, 2012) (Judges Newman, Lourie, and Moore) Patent Reexamination Is Normally Such a Peaceful Neighborhood… At first glance, this opinion doesn’t seem like a big deal. Fresenius Medical Care Holdings sued Baxter for a declaratory judgment of invalidity on Baxter’s patent in 2003 and, as often […]

Learning the Language of Trademark Law

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Rosetta Stone Ltd. v. Google, Inc., No. 10-2007 (4th Cir. 2012) (Chief Judge Traxler, Judges Keenan and Hamilton) If you found this blog post, then you’re probably acquainted with Google™’s search engine. You might also know that Google lets advertisers bid on keywords, which trigger the ads that come up at the top and to […]

A New Prescription for Trademark Protection

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It’s been a little while since we had a Federal Circuit trademark opinion, but this is a good one. The case deals with one of my favorite topics in trademark law—trademark “use” and technology. Lens.com, Inc. v. 1-800 Contacts, Inc., No. 2011-1258 (Fed. Cir. Aug. 3, 2012) (Judges Newman, Linn, and Moore) Getting a Clear […]

The Patent Proof Olympics

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Just like Olympians, patent challengers have to clear hurdles and jump over high bars to show that a patent is invalid. As this case shows, when it comes to legal standards in patent cases, the facts may change, but the standard of proof stays the same. Sciele Pharma, Inc. v. Lupin Ltd., No. 2012-1228 (Fed. […]

Chasing Patent Windmills at the ITC

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General Electric v. Int’l Trade Comm’n, No. 2012-1223 (Fed. Cir. Jul. 6, 2012) (Judges Rader, Newman and Linn) (revised opinion) General Electric v. Int’l Trade Comm’n, No. 2012-1223 (Fed. Cir. Jul. 6, 2012) (Judges Rader, Newman and Linn) (order on petition for rehearing) A few months ago, Matt Levy blogged about this case and explained […]

Patent Obviousness Is Sticky Business

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This is a case about chewing gum. Unfortunately, the district court’s approach to analyzing Wrigley’s patent for obviousness and anticipation led to a sticky situation among the judges hearing this appeal. Wm. Wrigley Jr. Co. v. Cadbury Adams USA LLC, Nos. 2011-1140, -1150 (Fed. Cir. Jun. 22, 2012) (Judges Newman, Bryson, and District Judge Jeremy […]