A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more
8/21/2019
/ Advertising ,
Appeals ,
Corporate Branding ,
Dismissals ,
DuPont Factors ,
Evidence ,
Fashion Branding ,
Fashion Industry ,
Likelihood of Confusion ,
Remand ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Vacated
On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR.
Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic...more
7/27/2018
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Proceedings ,
Allergan Inc ,
Appeals ,
Defense Strategies ,
Enforcement Actions ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. See The Saint Regis Mohawk Tribe is not entitled to...more
4/2/2018
/ Allergan Inc ,
Appeals ,
Dismissals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Interlocutory Appeals ,
IP Assignment Agreements ,
Jurisdiction ,
Motion To Stay ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Reversal ,
Sovereign Immunity ,
Stays ,
Tribal Governments
The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to...more
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more
3/8/2018
/ Allergan Inc ,
America Invents Act ,
Appeals ,
Co-Ownership ,
Congressional Intent ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more