Category: 03 – March
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Wash World Inc. v. Belanger Inc.
A request for remittitur may be preserved by a party that does not provide an express request for a reduction of a specific amount of damages at the district court if enough information was provided to make the opposing party and the district court aware of the reduction of damages that was sought.
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In re Riggs
A prior art reference may only claim the priority date of a provisional application for the portions of the prior art reference that have written description support in the provisional application.
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Dollar Financial Group, Inc. v. Brittex Financial, Inc.
The zone of natural expansion doctrine allows a senior user to prevent a junior user from registering a similar mark on a line of related goods or services, but does not give the senior user a proactive right to a new registration on those related goods or services.
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AMP Plus, Inc. v. DMF, Inc.
A failure to provide sufficient information in a notice of appeal arising out of an IPR to comply with 37 C.F.R. § 90.2(a)(3)(ii) is not a jurisdictional issue that affects the authority of the Federal Circuit to review the appeal.
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Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc.
PTE for a reissued patent is calculated based on the issue date of the original patent when the reissued patent includes claims for the same drug product that was claimed in the original patent and that was subject to FDA review.
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Bullshine Distillery LLC v. Sazerac Brands, LLC
The time period to assess if a trademark is generic starts at the time of registration and does not depend on whether the trademark was generic prior to registration.
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CQV Co., Ltd. v. Merck Patent GmbH
An obligation to indemnify a customer from patent infringement liability is sufficient to establish Article III standing for a supplier when the customer is accused of patent infringement by the patent owner.
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IQRIS Technologies LLC v. Point Blank Enterprises, Inc.
Even when all of the embodiments in a written description depict a certain feature, this feature is only imported into the claims if expressly stated in the claim or explicitly defined in the specification.