Last month, Twitter suspended an account that parodied the London 2012 Olympic Games and used a redesigned 2012 Olympics trademarked emblem. The account holder agreed to remove the trademark image from the site, but Twitter had already removed the account.
Has final judgment day arrived at the district court? In the first week of May, the Federal Circuit issued several orders addressing this question. The Federal Circuit concluded that 2 cases had reached the end of their lower court days, but 1 case still had some life left.
When companies merge and split, it can be confusing to figure out where IP rights have gone. Although this case is technically about a motion to compel arbitration, it’s really about following the trail of assignments.
This case reminds me of a scene from the movie Harvey. Jimmy Stewart plays Elwood P. Dowd, and it’s one line of his in particular that seems appropriate.
George Strait unintentionally penned an anthem for the patent trolls who keep trying to settle down in the Eastern District of Texas. But, as we’ve told you before, the Federal Circuit continues to send them elsewhere—like Utah, Arizona, Massachusetts, and California—most of the time. In re EMC Corp., No. 2011-m100 (Fed. Cir. May 4, 2012) [...]
The USPTO has been busy since September 2011, when the America Invents Act (AIA) was signed into law. That’s because Congress gave the USPTO a lot of homework without a lot additional resources. The AIA requires that the Patent Office change a number of rules and fees, and that it investigate certain issues Congress tasked [...]
Learning Curve Brands v. Munchkin, Inc., No. 2011–1036 (Fed. Cir. Mar. 30, 2012) (Judges Bryson, Mayer, and Moore) (non-precedential) The case started when Learning Curve successfully sued Munchkin for infringing its sippy cups patents in 2007. Munchkin changed its design, going with screw-on lids, replacing the snap-on lids it had used before. Learning Curve sued [...]
In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Nos. 2011-1399, -1409 (Fed. Cir. Apr. 16, 2012) (Judges Newman, O’Malley, and Reyna) In this case, the court clarifies that a patent owner is never the beast of burden for a claim of invalidity based on obviousness, and the plaintiffs walked away singing: Cephalon owns a license [...]
USPPS, Ltd. v. Avery Dennison Corp., No. 2011-1525 (Fed. Cir. Apr. 17, 2012) (Judges Prost, Mayer, and O’Malley) (per curiam) In this unusual decision, the judges all agreed on the result. But they couldn’t agree on whether the Federal Circuit should have heard the case in the first place. Lost in the Mail This case [...]
Aspex Eyewear, Inc. v. Marchon Eyewear, Inc., No. 2011–1147 (Fed. Cir. Mar. 14, 2012) (Chief Judge Rader, and Circuit Judges Bryson and Reyna) There’s a common stereotype that someone with glasses is less inclined to fight. You wouldn’t know it from this case. These eyewear companies have been going at it for over a decade! [...]