Federal Circuit Overturns TTAB Ruling that “PEACE LOVE AND JUICE” and “PEACE & LOVE” are Confusingly Similar

Authored by K. Patrick Herman and Matthew J. Faust Digest of Juice Generation, Inc. v. GS Enterprises LLC, No. 2014-1853 (Fed. Cir. July 20, 2015) (precedential). On appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board (TTAB). Before Newman, Reyna, and Taranto. Procedural Posture: Trademark applicant, Juice …

Invalidity of DNA Sequencing Patents Affirmed by Federal Circuit After IPR

Authored by Rose Cordero Prey and Zaed M. Billah Digest of TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK v. ILLUMINA, INC., No. 2014-1547 (Fed. Cir. July 17, 2015) (Nonprecedential). On appeal from the U.S. Patent and Trademark Office. Before Prost, Schall, and Wallach. Procedural Posture: Plaintiff patentee sued Defendant for patent …

Federal Circuit Rules that SNQP Standard Does Not Apply to Additional or Amended Claims During Reexamination

Authored by Rose Cordero Prey and Zaed M. Billah Digest of AIRBUS S.A.S. v. FIREPASS CORP., No. 2014-1808 (Fed. Cir. July 17, 2015) (Precedential). On appeal from the U.S. Patent and Trademark Office. Before Lourie, Dyk, and Moore. Procedural Posture: During inter partes reexamination, Appellant proposed that certain newly-added claims be …

Lost Profits Resulting From Conduct Occurring Abroad Held not Recoverable Under 35 U.S.C. § 271(f)

Authored by Georg C. Reitboeck and Dervis Magistre Digest of Westerngeco L.L.C. v. Ion Geophysical Corporation, No. 2013-1527, 2014-1121, 2014-1526, 2014-1528 (Fed. Cir. July 2, 2015) (precedential). On appeal from S.D. Tex. Before Dyk, Wallach, and Hughes. Procedural Posture: After all of the asserted claims were found infringed under 35 U.S.C § …

Federal Circuit Approves PTO’s Interim Procedure on Patent Term Adjustments

Authored by Georg C. Reitboeck and Dervis Magistre Digest of Daiichi Sankyo Company, LTD. v. Michelle K. Lee, Director, United States Patent and Trademark Office, No. 2014-1280 (Fed. Cir. July 2, 2015) (precedential). On appeal from D.D.C. Before Moore, Reyna, and Taranto. Procedural Posture: Plaintiff appealed summary judgment in favor of the government …