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Don’t Get Lazy, Timely Complete Your Arguments

This Federal Circuit Opinion analyzes statutory estoppel under 35 U.S.C. § 315(e)(1) and examines offensive and defensive arguments related to § 103 obviousness.  Gesture Technology Partners, LLC is the owner of U.S....more

Another Example of Ineligible Software Patent Claims

Miller Mendel Inc. filed a lawsuit against the City of Anna, Texas (“the City”), in the U.S. District Court for the Eastern District of Texas, alleging infringement of Claims 1, 5, and 15 of U.S. Patent No. 10,043,188 (the...more

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

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...more

Blue Gentian, LLC v. Tristar Prods., Inc. No. 2021-2316, 2021-2317, pending cite (Fed. Cir. June 9, 2023)

Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors,...more

Healthier Choices Management Corp. v. Philip Morris USA, Inc. No. 22-1268 (Fed. Cir. Apr. 12, 2023)

This case addresses pleading standards in view of contradicting factual assertions and a complaint’s disavowal of statements in an exhibit. Healthier Choices Management Corp. (“HCM”) sued Philip Morris for patent...more

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