News

Here is a report on recent news and commentary related to the Federal Circuit and its cases. In Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court vacated a judgment of the Federal Circuit, holding unanimously that trademark owners do not have to show an infringer’s willfulness as a precondition to a profits award. In an April report, Adjusting to Alice, the USPTO claims that the guidance it provided after the Alice decision decreased the unpredictability of patent examination. On Law.com, Scott Graham suggests that the Federal Circuit could soon reconsider its decision in Arista Networks v. Cisco Systems.

Trademark Profit Awards do not Require Intent

In Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court vacated a judgment of the Federal Circuit, holding unanimously that trademark owners do not have to show an infringer’s willfulness as a precondition to a profits award. Kyle Jahner reports on Bloomberg Law that the case is significant in part because:

“it settles a circuit split on the question of awarding parts of infringers’ profits in trademark disputes between non-competing companies.”

For more on this case, see our coverage.

USPTO Touts Decreased Uncertainty in Patent Examination

In an April report, Adjusting to Alice, the USPTO claims that the guidance it provided after the Alice decision decreased the unpredictability of patent examination. On Ipwatchdog.com, Eileen McDermott questions what these results mean given that neither the Federal Circuit nor the Supreme Court has addressed the legality of the USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance.

Does Assignor Estoppel Need a Second Look?

On Law.com, Scott Graham suggests that the Federal Circuit could soon reconsider its decision in Arista Networks v. Cisco Systems. In Hologic v. Minerva Surgical, issued April 22nd, Judge Stoll called on the Federal Circuit to reconsider the doctrine of assignor estoppel:

“Our precedent thus presents an odd situation where an assignor can circumvent the doctrine of assignor estoppel by attacking the validity of a patent claim in the Patent Office, but cannot do the same in district court. “

For more on Hologic, see our coverage.