The Court of Appeals for the Federal Circuit ruled that the claimed method requiring “displaying” a plurality of bid and offer indicators along a “scaled axis of prices,” “receiving market information,” displaying that information along the axis, and “displaying” information … [Read more...] about Graphical User Interface (GUI) Patent Does Not Define Patent Eligible Subject Matter
Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
In Versatop Support Systems, LLC v. Georgia Expo, Inc., Case No. 2018-1208 (Fed. Cir. 2019)(Full Opinion Available Here), the Federal Circuit reversed the District Court and found that a violation of trademark law was established on the admitted facts and infringing “use in … [Read more...] about Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
The Court of Appeals for the Federal Circuit affirmed a district court’s ruling denying attorneys fees under Section 285 of the Patent Act, 35 U.S.C. sec. 285, when the lower court construed the critical patent term at summary judgment and then held the accused device did not … [Read more...] about No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
In the case of In Re: SINY Corp., 2018-1077 (Fed. Cir. 2019) (full opinion available here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision that a Webpage Specimen must do more than merely advertise to be an acceptable display associated with the … [Read more...] about Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
Even if the patent specification discloses a single embodiment, the features or functions of that embodiment should not be read into the claims by a court’s claim construction because the purpose of the specification is to teach and enable those of skill in the art to make and … [Read more...] about A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
Self-evolving Generic Database Index Using Historical Usage Information Not Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit upheld a district court decision finding that certain patent claims were not patent-eligible under 35 U.S.C. § 101 and Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355 (2014). The patent related to a “self-evolving generic index” … [Read more...] about Self-evolving Generic Database Index Using Historical Usage Information Not Patent Eligible Subject Matter
Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
The Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“Board”) rejection of Maatia’s design of an athletic shoe bottom. The Federal Circuit said “the level of detail required should be a function of whether the claimed design for the article … [Read more...] about Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a district court decision and found that certain patent claims were directed to patent-eligible subject matter. “The[] claims are not abstract, but rather are directed to a specific improved method for navigating through … [Read more...] about Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
The Court of Appeals for the Federal Circuit reversed a finding by the Patent Trial and Appeals Board (“Board”), holding that the evidence supported a finding that petitioner-challenger Gopro’s catalog was publicly distributed at a trade show prior to the critical date of the … [Read more...] about Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
Inventor Owns Patent Unless Written Assignment Expressly Conveys Future Rights
The Court of appeals for the Federal Circuit has ruled that (a) determination as an inventor is a federal court matter and (b) with respect to future patent rights, the inventor must sign an automatic-assignment that is a "contract [that] expressly conveys rights in future … [Read more...] about Inventor Owns Patent Unless Written Assignment Expressly Conveys Future Rights
