Filed under: Case Updates , Patents | 1 March, 2011 by Chris G

Decided: January 31, 2011

The CAFC upheld the district court’s determination on summary judgment that three of  Tokai’s patents were invalid as obvious.  The patents-in-suit relate to safety and triggering mechanisms in utility lighters.  The panel majority found that various combinations of cigarette lighter prior art rendered the asserted claims obvious.  In particular, one of the issued claims in U.S. 5,897,308 required that the locking mechanism be unlocked using a user’s thumb, while the lighter is ignited with a finger.  Although the court conceded that the prior art taught only the reverse configuration (finger to unlock, thumb to ignite), it concluded that the reversal of the finger position was “nothing more than a predictable variation on the prior art,” and that a combination of three prior art references and the “mere reversal” of the finger positions rendered the ‘308 patent claims obvious.  The court also rejected Tokai’s argument that the district court failed to impose an “enhanced burden” on Easton to show invalidity because some of the asserted prior art references were considered during prosecution.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1057.pdf

Filed under: Case Updates , Trademarks | 24 February, 2011 by Chris G

Decided: 12/28/2010

Summary: Wacker Neuson mark was initially refused under Section 2(d) of the Trademark Act because of similarities of mark (Wacker Neuson and Neuson) and goods (construction equipment).  TTAB allowed a third consideration on appeal, consent by owner of registered mark to allow applicant to use and register the mark for the identified goods and services.  Refusal to register under Section 2(d) was reversed.

See Full Opinion

Filed under: Case Updates , Copyright | 24 February, 2011 by Chris G

Decided: 12/13/2010

Issue: Does the “first-sale doctrine” apply to imported works manufactured abroad?

Summary: The U.S. Supreme Court was asked to apply the first sale doctrine of copyright law in the context of international sales. Costco had purchased legitimate Omega watches abroad and then imported them into the U.S.  The watches included a small copyrighted design on the back surface and Omega argued that the importation and further distribution of the watches constituted copyright infringement.  The 9^th  Circuit Court of Appeals had sided with Omega, holding that the first sale doctrine did not apply to foreign manufactured copies that were purchased abroad.  Without opinion, and in a 4–4 split, the Supreme Court affirmed the 9^th  Circuit decision.  However, because of the 4–4 split, the case will not be seen as precedent-setting.

See Slip Opinion

Filed under: Jobs | 17 February, 2011 by Chris Lightner

Description

Filed under: Jobs | 17 February, 2011 by Chris Lightner

Title: Patent Engineer Lead Career Level

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Filed under: Case Updates , Patents | 10 February, 2011 by GHollis

Decided: 1/20/2011

Summary: CAFC vacated and remanded prior courts ruling of non-infringement concerning the “spring metal adaptor’ claimed under Patent No. 5,266,050, held by Arlington. The court held that the prior court misconstrued the “spring metal adaptor” and “spring steel adapter” terms by importing a “split” limitation from the specifications into the claims.

Full Opinion

Filed under: Copyright , Litigation , Patents , Trademarks | 25 January, 2011 by Chris Lightner

The Social Network: an IP Litigator’s Review of the Movie about Facebook

By David M. Lilenfeld of Lilenfeld PC

“If you guys were the inventors of Facebook, you’d have invented Facebook.”  So says Mark Zuckerberg, the founder of Facebook, in defending himself against claims that he stole the concept for Facebook from Harvard classmates.

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Filed under: Jobs | 19 January, 2011 by Chris Lightner

CARE is seeking an experienced Associate General Counsel – Non-Profit Law/Contracts/Trademark to be the primary attorney providing counsel and legal support to all aspects of CARE’s work relating to resource development, fundraising, non-profit legal issues, tax issues, and related matters.

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Filed under: Jobs | 17 December, 2010 by Chris Lightner

Position Summary: The Patent Attorney is primarily responsible for preparing and prosecuting patent applications before the United States Patent and Trademark Office (USPTO). Additional duties include: assisting business clients to document inventions, and counseling clients on the patentability of inventions. Other potential duties include supporting licensing, litigation, and merger and acquisition projects.

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Filed under: Copyright , Patents , Trademarks | 27 August, 2010 by Chris Lightner

*Originally Published in Spring/Summer 2010 IP Section Newsletter by Chad Graves