By: Meghan Nugent The Federal Circuit just ruled that the “scandalous” clause of the Lanham Act is unconstitutional in view of the Supreme Court decision in Matal v. Tam. As a refresher, Matal v. Tam involved the Asian-American rock band The Slants, who filed an application for a trademark to register their band name, The [..]
Authors: Theodore Chiacchio and Jacob Graham Venue plays a vital role in litigation. This is true with respect to patent litigation as much as any other type of litigation. Venue determines the district court in which a plaintiff may sue a defendant—thus factoring into the make-up of a jury, the judge presiding over the case, [..]
Williamson v. Citrix 792 F.3d 1339 (Fec. Cir. June 16, 2015) In 1952, Congress invalidated an earlier Supreme Court ruling and provided patentees with the right to claim an invention using functional language–so long as such patentees clearly signaled their intent to do so by use of the claim expression “means for,” in conjunction with [..]
The U.S. Supreme Court will rule on the following three patent lawsuits this term: Cuozzo Speed Technologies, LLC v. Lee; Halo Electronics Inc. v. Pulse Electronics, Inc.; and Stryker Corp. v. Zimmer, Inc. Cuozzo v. Lee addresses two issues: Whether it is proper for the PTAB in an IPR proceeding to construe claims according to [..]