The Federal Circuit’s recent decision in Apex Bank v. CC Serve Corp. serves as a pointed reminder to the Trademark Trial and Appeal Board (TTAB) that it must maintain consistency across its DuPont factor analysis. While the appellate panel affirmed the TTAB’s finding that the parties’ services were highly similar, it vacated and remanded the
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Patent Basics for Tech Companies: Effectively Protecting Your Tech
Intellectual property (IP) is one of the most important assets many technology companies will ever own. Patents are a key part of a company’s IP portfolio. Investors often view a company’s patent portfolio as a signal of innovation, defensibility, and long-term value. Yet patent strategy is rarely at the top of a founder’s to-do list…
Prevailing Party Status Does Not Necessarily Require a Win on the Merits
The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corporation offers important guidance on what it means to be a “prevailing party” and the standards for awarding attorney fees, costs, and sanctions in patent litigation. This ruling, which vacated in part, affirmed in part, and remanded the district court’s decisions, is…
Securing Your Tech Brand: Smart Trademark Strategies for Startups and Beyond
In today’s crowded tech marketplace, brand identity is one of a company’s most valuable assets. A well-chosen trademark doesn’t just help consumers recognize your business – it also provides legal protection against copycats and builds long-term brand equity. When product lifecycles move quickly and competition is global, developing and protecting strong trademarks should be an…
Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB
The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain provocative word, which we will refer to here as the “F-bomb” for sensitive eyes and ears, for various goods and services)…
Federal Circuit Vacates $4.7 Million Patent Infringement Verdict
The Federal Circuit recently issued a significant decision in the ongoing patent litigation between Laboratory Corporation of America Holdings (Labcorp) and Qiagen Sciences, LLC, reversing a Delaware district court’s judgment that had found Qiagen liable for infringement of Labcorp’s patents-at-issue. In doing so, it vacated the $4.7 million damages award against Qiagen and ordered the…
A Super Touchy Reversal by the Federal Circuit Gives Taction Another Bite at Apple
In a significant blow to Apple, the Federal Circuit recently vacated a summary judgment of noninfringement in the case of Taction Technology, Inc. v. Apple Inc. The dispute centers on Taction’s U.S. Patent Nos. 10,659,885 and 10,820,117, which Taction alleged that the Taptic Engine in Apple’s iPhone and Apple Watch products infringed the…
A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility Ruling
In a significant decision for patent law and the fitness equipment industry, a panel of the Federal Circuit reversed a partial dismissal of PowerBlock Holdings, Inc.’s patent infringement claims brought against iFit, Inc. in the U.S. District Court for the District of Utah. The infringement allegations against iFit were based on PowerBlock’s U.S. Patent No.
Federal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion
In Sunkist Growers, Inc. v. Interstate Distributors, Inc. (No. 24-1212), the Federal Circuit reversed the Trademark Trial and Appeal Board’s decision dismissing Sunkist’s opposition to Interstate Distributor’s (IDI) attempt to register the mark KIST in standard characters and in a stylized mark for soft drinks. The Federal Circuit disagreed with the board’s finding of no…
Jurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are Limited
In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions against Future Link Systems, LLC because the ITC decision did not involve a final determination affecting the entry of articles. As a result, the panel…