This morning, the Federal Circuit released two nonprecedential opinions: one in a patent case addressing an appeal from a summary judgment of noninfringement and another in a trademark case addressing priority and likelihood of confusion. Here are the introductions to the opinions.
One-E-Way, Inc. v. Apple Inc. (Nonprecedential)
One-E-Way, Inc. (One-E-Way) appeals from the U.S. District Court for the Central District of California’s grant of summary judgment that Apple Inc.’s (Apple) accused products do not infringe the asserted claims of One-E-Way’s U.S. Patent Nos. 10,129,627 and 10,468,047. We affirm.
Bad Elf, LLC v. Flex Ltd. (Nonprecedential)
Bad Elf, LLC appeals a decision of the Trademark Trial and Appeal Board (“Board”). The Board sustained Flex Ltd.’s opposition to the registration of Bad Elf’s FLEX mark on the grounds of likelihood of confusion with Flex’s three registered marks FLEX, FLEX (stylized), and FLEX PULSE. Because the Board erred in its analysis of the strength of Flex’s marks, we affirm-in-part, vacate-in-part, and remand.