In Commodores Entertainment Corporation v. Thomas McClary, Fifth Avenue Entertainment, LLC, Case No. 16-15794 (11th Cir. 2018) (Available Here), the Court of Appeals for the Eleventh Circuit held that when McClary left the Commodore band, he also left behind his common law rights … [Read more...] about “The Commodores” Mark Remains Owned by the Active Band
Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
The Court of Appeals for the Federal Circuit (a) overruled the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) finding that the use of inherency in the context of obviousness must be carefully circumscribed because that which may be inherent is not … [Read more...] about Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
Patent Claims Not Materially Different than Previously Invalidated Are Invalid under Collateral Estoppel
The Court of Appeals for the Federal Circuit ruled that Dr. Arunachalam was collaterally estopped from relitigating the validity of the patent because the patent claims before the PTAB (the “Board”) were not materially different from certain claims of the ’500 Patent that were … [Read more...] about Patent Claims Not Materially Different than Previously Invalidated Are Invalid under Collateral Estoppel
Permissible Functional Patent Claim Language Allowed to Recite Structure Functions
In Mastermine Software, Inc. v. Microsoft Corporation, Case No. 2016-2465 (Fed. Cir., October 30, 2017)(Available Here), the Federal Circuit Court of Appeals affirmed the district court’s claim construction, but reversed the court’s indefiniteness determination. The Appeals Court … [Read more...] about Permissible Functional Patent Claim Language Allowed to Recite Structure Functions
Multicasting Streaming Audio/Visual Data Over Internet Is Patent Ineligible Subject Matter
The Court of Appeals for the Federal Circuit held that Two-Way Media’s patent claims for a multicasting system for streaming audio/visual data over the internet was patent ineligible subject matter under 35 U.S.C. § 101 because the claims were directed to abstract ideas and … [Read more...] about Multicasting Streaming Audio/Visual Data Over Internet Is Patent Ineligible Subject Matter
Open-Payment Fare Systems for Mass Transit Networks Using Bank Cards Are Patent Ineligible Subject Matter
The Court of Appeals for the Federal Circuit held that patents directed to the use of bank cards, rather than specially issued magnetic stripped card-tickets, in open-payment fare systems for mass transit networks are patent ineligible subject matter under 35 U.S.C. § 101. Smart … [Read more...] about Open-Payment Fare Systems for Mass Transit Networks Using Bank Cards Are Patent Ineligible Subject Matter
11th Cir.: Extends Protection for Fed Registered Service Marks to Goods
In Savannah College of Art and Design, Inc. v. Sportswear, Inc. d/b/a Prep Sportswear, No. 15-13830 (11th Cir. 2017)(Available Here), the Court of Appeals for the 11th Circuit found that, relying upon prior case law, protection for federally-registered service marks extends to … [Read more...] about 11th Cir.: Extends Protection for Fed Registered Service Marks to Goods
No Patent Infringement Because No Direct Infringers Use Authenticating Device to Generate Report
The Court of Appeals for the Federal Circuit agreed with the trial court that there was no evidence of “use” by a single person or entity and therefore no direct infringement because no direct infringers “used” the claimed “authenticating device configured to . . . generate a … [Read more...] about No Patent Infringement Because No Direct Infringers Use Authenticating Device to Generate Report
Venue for Patent Infringement Requires Established Geolocation of Infringers Business
The Court of Appeals for the Federal Circuit, in construing the patent venue statute, 28 U.S.C. sec. 1400(b), ruled that the proper venue to bring suit against an accused infringer is a physical, geographical location in the district from which the business of the defendant is … [Read more...] about Venue for Patent Infringement Requires Established Geolocation of Infringers Business
Programmable Caches Operable with Different Processors Enhancing Computer Performance Is Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a trial court’s decision and held that a programmable memory caches, permitting the system to operate with different processors, which enhances computer performance is patent eligible subject matter under 35 U.S.C. sec 101 and … [Read more...] about Programmable Caches Operable with Different Processors Enhancing Computer Performance Is Patent Eligible Subject Matter
