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A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

USA - August 19 2019 If the parties litigating a § 101 challenge at the pleading stage raise a claim construction dispute, the district court must either adopt the…

Jeremy Anapol, Paul Stewart.

Real Foods Pty Ltd. v. Frito-Lay North America, Inc.

USA - October 5 2018 To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods at issue. The genus must be based on the…

Mark Kachner.

Zeroclick, LLC v. Apple Inc.

USA - June 1 2018 Failure to use the word “means” creates a rebuttable presumption that the term is not a means-plus-function limitation invoking § 112 ¶ 6. That…

Christie Matthaei.

Likelihood of Confusion Vaporised in Beauty Industry Case | World Trademark Review

USA - August 22 2017 In the unprecedential case of Cosmetic Warriors Limited v Trang Diem Tran (Case 91214890, June 2 2017), the Trademark Trial and Appeal Board (TTAB)…

Susan M. Natland.

Catching Counterfeits: Customs Recordation and IP Enforcement

USA - August 9 2017 U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection…

Jonathan Hyman.