Justia Intellectual Property Opinion Summaries

The Trademark Trial and Appeal Board affirmed an examining attorney's refusal to register the trademark XCEED, in standard character form, for agricultural seed, citing the Lanham Act, 15 U.S.C. 1052(d). A previously-registered word and design mark for agricultural seeds consisted of the characters X-Seed in stylized form. The Federal Circuit affirmed, finding substantial evidence that the XCEED mark would likely cause confusion with the X-Seed mark. View "In re Viterra" on Justia Law

MySpace, FOX, and Craigslist sought declaratory judgment that certain patents owned by GraphOn were invalid and not infringed by plaintiffs. The patents related to the ability to create, modify, and store database records over a computer network. The District Court granted plaintiffs summary judgment. The Federal Circuit affirmed. The district court's claim construction of "database" was reasonable and supported by the context; its overall conclusion that the claims were anticipated or obvious was appropriate. The case was properly decided under sections 102 and 103 of the Patent Act and not under section 101. View "MySpace, Inc. v. Graphon Corp." on Justia Law

The Board of Patent Appeals and Interferences declared an interference between the claims of a patent belonging to Pioneer and those of a pending application owned by Monsanto. The claims concern transgenic corn. After the Board concluded that Monsanto was not time-barred under 35 U.S.C. 135(b)(1) and that its claims were entitled to seniority, Pioneer stipulated to judgment against it and the Board canceled Pioneer's claims. The Federal Circuit affirmed. View "Pioneer Hi-Bred Int'l, Inc. v. Monsanto Tech., LLC" on Justia Law

Defendant's patent discloses an investment tool designed to enable property owners to buy and sell properties without incurring tax liability by enabling like-kind exchanges under 26 U.S.C. 1031. The claims require aggregation of multiple properties into a portfolio; interests in the portfolio are divided into "deed shares" and sold to investors similar to the sale of stock. Each deedshare can be encumbered by its own mortgage. The patent allows for a master tenant to perform administrative tasks such as paying insurance, property taxes, and rents. The district court invalidated each of 41 claims in the patent for failing to claim patent-eligible subject matter under 35 U.S.C.101, reasoning that the claims were not tied to a particular machine or apparatus and that none of the claims transform any article to a different state or thing. The Federal Circuit affirmed, holding that the claims attempt to capture unpatentable abstract subject matter. View "Fort Props., Inc. v. Am. Master Lease, LLC" on Justia Law

Triumph publishes books and software to prepare teachers and students for standardized tests. In 2004, Triumph filed use-based applications for the COACH word mark, a stylized COACH mark, and a COACH mark and design. CSI sells handbags, luggage, clothing, watches, eye glasses, and wallets and has used the COACH mark since at least 1961. CSI owns 16 incontestable registrations for the COACH mark: all but one issued before Triumph's application. CSI filed Notice of Opposition on grounds of likelihood of confusion (15 U.S.C. 1052(d)) and dilution (15 U.S.C. 1125(c)). The Trademark Trial and Appeal Board dismissed. The Federal Circuit affirmed findings that there was no likelihood of confusion between the marks and that CSI failed to prove likelihood of dilution. Because of evidentiary errors, the court vacated and remanded a finding that, although Triumph's marks are merely descriptive, they have acquired secondary meaning, and were entitled to registration. View "Coach Serv., Inc. v. Triumph Learning, LLC" on Justia Law

The 690 patent is directed to a process for clarifying low alkalinity water using a blend of a high molecular weight quaternized polymer and an aluminum polymer. Claim 1 refers to a process for clarification of water of "raw alkalinity less than or equal to 50 ppm by chemical treatment." A jury found that the 690 patent was valid and indirectly infringed. The Federal Circuit reversed in part, holding that the verdict that the 690 patent was not invalid under 35 U.S.C. 102 was not supported by substantial evidence.The court affirmed that defendant did not misappropriate the trade secret described in claim 1. View "ClearValue, Inc. v. Pearl River Polymers, Inc." on Justia Law

The technology involves prosthetic vascular grafts, fabricated from highly-expanded polytetrafluoroethylene, and used to bypass or replace blood vessels to assure adequate and balanced blood flow to particular parts of the body. The 135 patent application was filed in 1974, but the patent did not issue until 2002. The district court found that the patent had been willfully infringed and was not invalid for improper inventorship, anticipation, obviousness, or lack of written description, and awarded enhanced damages, attorneys' fees and costs, and an ongoing royalty. The Federal Circuit affirmed, finding substantial evidence to support the jury verdict. View "Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc." on Justia Law

The 547 and 052 patents relate to technology for weighing objects, such as large commercial trucks. Mettler sued B-Tek alleging infringement of certain claims of the patents. The district court construed the claims and the jury found that B-Tek did not infringe any of the asserted claims and that the asserted claims of the 052 patent would have been obvious. The Federal Circuit affirmed, holding that the court correctly construed the claims, particularly: "circuit means associated with said counterforce, said circuit means being responsive to external control," "means for producing digital representations of loads applied to said counterforce," and "means for transmitting said digital representations." Substantial evidence supported the verdict. The court properly denied sanctions for Mettler's alleged withholding and destruction of documents; the documents were not highly relevant.View "Mettler-Toledo, Inc. v. B-TEK Scales, LLC" on Justia Law

Plaintiffs accused Sony and Sony entities of infringing claims of a patent relating to a tactile feedback system for computer video games. The district court construed disputed claim terms and the parties stipulated to a judgment of noninfringement. The Federal Circuit vacated and remanded, finding that the district court improperly limited the term "attached to said pad" to mean attachment only to an external surface and erred in its construction of the term "flexible." View "Thorner v. Sony Computer Entm't Am., LLC" on Justia Law

HTC sought a declaration that it did not infringe a valid and enforceable claim of the 830 patent, which covers a handover in a cellular telephone network to reduce the chance of interrupted service for a user in transit. IPCom counterclaimed, alleging infringement. The district court concluded that two claims in the 830 patent were invalid. The Federal Circuit reversed, finding that the district court misconstrued the claims, which cover only an apparatus, not an apparatus and method steps. The specification adequately discloses a processor and transceiver for use in performing the functions recited in the claims.View "HTC Corp. v. IPCom GmbH & Co., KG" on Justia Law