In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark.Continue Reading Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation
In Volvo Penta of the Americas, LLC, v. Brunswick Corporation No. 2022-1765, pending cite (Fed. Cir. August 24, 2023), Brunswick petitioned for an inter partes review of Volvo’s U.S. Patent No. 9,630,692 patent (“the ’692 patent”) challenging all claims as obvious. Brunswick filed its challenge on the same day as the launch of its competing product – the Bravo Four S. The ’692 patent relates to a stern-mounted motor design with forward, bow-facing propellers. It was undisputed that both Volvo and Brunswick have competing products that embody the ’692 patent.Continue Reading Speed Kills or can at Least Provide a Motivation to Combine
This case addresses requirements to correct inventorship of a patent.Continue Reading Blue Gentian, LLC v. Tristar Prods., Inc. No. 2021-2316, 2021-2317, pending cite (Fed. Cir. June 9, 2023)
This case addresses pleading standards in view of contradicting factual assertions and a complaint’s disavowal of statements in an exhibit.Continue Reading Healthier Choices Management Corp. v. Philip Morris USA, Inc. No. 22-1268 (Fed. Cir. Apr. 12, 2023)
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023.Continue Reading 2023 Federal Circuit Case Summaries