FedCircuitBlog

• Wrong case, right result, Fed Circuit holds in trademark win for Sprouts Farmers Market – The Federal Circuit concluded that the TTAB correctly determined that a challenger to Corcamore, LLC’s registration for the mark SPROUTS had standing, despite the fact that the TTAB applied the incorrect legal standard.
• USPTO Sees ‘Unprecedented Growth’ In AI Patent Apps – On Tuesday, the U.S. Patent and Trademark Office published a report recognizing the surge of AI-related patent applications.
• Trademark Office Issues Guidance for Post-Booking.com World – Although the Supreme Court rejected the USPTO’s bright-line rule against generic.com, applicants still have to establish that the mark holds distinct meaning to consumers.

Here’s the latest.

• Federal Circuit to district court: Show Us Your Work on Section 101 – The Federal Circuit reversed a decision from the District of Delaware for a lack of reasoning supporting the invalidation of patent claims.
• No Pause on American Axle Case for Coming Supreme Court Petition – American Axle did not persuade the Federal Circuit to stay its case in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, but Judge Moore took the opportunity to ask for guidance from the Supreme Court on patentability.
• Determining the Likelihood that an AI Patent Application Will Be Allowed at the USPTO – The USPTO is adapting to increased interest in artificial intelligence, but decisions from the Federal Circuit and Supreme Court have caused a rise in rejections in the field.

Here’s the latest.

• Fed. Circ. Ruling Is Troubling For Generic Drug Manufacturers – In a 2-1 decision, the Federal Circuit issued an opinion addressing the role of skinny labels in an induced infringement analysis.
• Work History Tool Properly Held Ineligible for Patent Protection – The Federal Circuit issued a nonprecedential opinion on Monday affirming a district court decision that an invention directed at a method for verifying work history is too abstract to patent.
• Fed. Circ. Urged To Undo Ugg’s $450K Trademark Win – An Australian apparel company argued on Monday that the lower court used the wrong legal test in finding that “ugg” is not a generic word for a kind of sheepskin boot.

Here’s the latest.

• Full Federal Circuit Won’t Revisit Dana-Farber Win on Named Inventors – The Federal Circuit refused to rehear a case en banc involving the addition of inventors to a pharmaceutical patent.
• CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’ – The Doctrine of ‘Abstention’ guided the Federal Circuit’s decision in Warsaw Orthopedic, Inc. v. Sasso to affirm the lower court’s ruling to dismiss a claim for declaratory judgment.
• Broadest Reasonable Interpretation in Light of the Specification – Snyders Heart Valve can continue its infringement claims against St. Jude’s Medical after a recent decision by the Federal Circuit.

Here’s the latest.

• Fed. Circ. Backs Sanofi, Regeneron PTAB Win Over Amgen – In a precedential opinion issued on Tuesday, the Federal Circuit upheld a Patent Trial and Appeal Board decision invalidating Amgen’s patent aimed at treating inflammatory disorders.
• Patent Reviews in ‘Limbo’ As Supreme Court Takes Case on Judges – The U.S. Supreme Court recently announced that it will review the Federal Circuit’s decision in Arthrex Inc. v. Smith & Nephew Inc.
• Fed. Circ. Denies Appeal of Order Backing Card IP Under Alice – On Wednesday, the Federal Circuit rejected an interlocutory appeal after a district court found that a patent describing a card that can be used as a debit card, a loyalty card, and a gift card all at once was not directed to an abstract idea.

Here’s the latest.

Yesterday the Supreme Court granted the petitions for certiorari in three related Arthrex cases: (1) United States v. Arthrex, Inc. (19-1434), (2) Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452), and (3) Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458). The Court decided to consolidate the cases for briefing and oral argument and announced that all future filings and activity will be reflected on docket of No. 19-1434. The Court’s widely anticipated review will determine the fate of Administrative Patent Judges (APJs) under the Appointments Clause. Here are the details.

• SCOTUS Denial of TCL v. Ericsson Petition Means Juries Decide Damages for SEP Infringement – The Supreme Court declined to review a Federal Circuit decision requiring jury trials for the determination of damages for past infringing activities.
• Full Federal Circuit Grapples With Right to Review VA Manual – The Federal Circuit’s first telephonic oral argument for an en banc rehearing of a case was held last Thursday.

Here’s the latest.

• Supreme Court Hears Copyright Battle Between Google and Oracle – The historic and multibillion-dollar copyright suit made its way to the Supreme Court on Wednesday. 
• Fed. Circ. Orders Redo In ‘Extremely Frustrating’ Patent Case – The Federal Circuit states that fundamental questions need to be resolved before the court can make a decision regarding a patent claim construction fight.
• Rently Makes Section 101 Bid to High Court – Just as the Supreme Court kicked off its new term by denying to review a Section 101 eligibility decision, Rently urges the High Court to review its case.

Here’s the latest.

• Showdown Looms on Cost Accounting Standards – Boeing can challenge a Federal Acquisition Regulation provision regarding Cost Accounting Standards thanks to a recent Federal Circuit decision.
• A $75 Million Drug Sale Lands Teva a $235 Million Penalty – The Federal Circuit awarded $235 million to Glaxosmithkline for Teva’s sale of a generic version of a Glaxosmithkline heart medicine.

Here’s the latest.

• Inventor Group Wants To Halt All New PTAB Reviews – U.S. Inventor has filed an injunction request seeking to bar the PTAB from instituting any new patent reviews. However, unlike several tech companies who want to diminish the authority of the USPTO director to deny institution, U.S. Inventor hopes to enhance it.
• Biogen’s Patent Loss Spotlights Need to Stress Invention Novelty – The Federal Circuit’s recent decision emphasizes the need for patent applicants, particularly when seeking to patent biological drug products, to distinguish their inventions from those previously introduced to the public.
• Federal Circuit: Patent Directed to Physician to Patient Communication System Abstract, Invalid – The Federal Circuit issued an opinion earlier this month, which addressed both Section 101 patent eligibility and recusal under 28 U.S.C. § 455(a).

Here’s the latest.