Opinions

This morning the Federal Circuit released two precedential opinions. The first comes in a trademark case appealed from the Trademark Trial and Appeal Board; the second comes in a patent case appealed from the Patent Trial and Appeal Board. Late yesterday and this morning the Federal Circuit also released three nonprecedential orders. One dismisses an appeal for lack of jurisdiction, subject to reinstatement; one dismisses an appeal for failure to prosecute; and one grants a voluntary motion to dismiss. Here are the introductions to the opinions and links to the dismissals.

Tiger Lily Ventures Ltd. v. Barclays Capital Inc. (Precedential)

Tiger Lily Ventures Ltd. (“Tiger Lily”) appeals from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (“the Board”) sustaining two oppositions that Barclays Capital Inc. (“Barclays”) had filed against Tiger Lily’s applications for registration of the standard character mark “LEHMAN BROTHERS.” Barclays Capital Inc. v. Tiger Lily Ventures Ltd., Trademark L. Guide ¶ 63,767 (T.T.A.B. Sept. 30, 2020) J.A. 30449–511 (“Board Decision”). Tiger Lily also appeals from the Board’s dismissal of its opposition to Barclays’ application for registration of the standard character mark “LEHMAN BROTHERS.” Id. For the reasons set forth below, we affirm.

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We have considered Tiger Lily’s remaining arguments but we find them unpersuasive. Accordingly, for the reasons set forth, we affirm the Board’s decision with respect to all aspects of Tiger Lily’s appeal, and we dismiss Barclays’ cross-appeal.

AFFIRMED-IN-PART, DISMISSED-IN-PART

ClearOne, Inc. v. Shure Acquisition Holdings, Inc. (Precedential)

ClearOne, Inc. appeals from an inter partes review final written decision holding the self-similar configuration term in substitute claim 57 of U.S. Patent No. 9,565,493 not indefinite. ClearOne also appeals the Patent Trial and Appeal Board’s separate written decision denying its request to file a motion for sanctions against Shure Acquisition Holdings, LLC. For the reasons discussed below, we affirm.

Dismissals