Intellectual Property

Pfizer Inc. v. Sanofi Pasteur Inc. et al. (Merck)

Docket No. 2019-1871, -1873, -1875-76, -2224 (IPR2017-02131-32, -02136, -02138, IPR2018-00187) (https://cafc.uscourts.gov/opinions-orders/19-1871.OPINION.3-5-2024_2280462.pdf)

LOURIE, BRYSON, STARK

March 5, 2024

Brief Summary:  Five IPR FWDs finding Pfizer’s S. pneumoniae vaccine claims unpatentable for obviousness affirmed.

Summary:   Pfizer appealed five IPR final written decisions (FWDs) concluding claims 1-45 of its US 9,492,559 directed to S. pneumoniae glyconjugates (pneumonia, febrile bacteremia, and meningitis vaccines) are unpatentable for obviousness.  Independent claim 1 relates to a composition comprising the S. pneumoniae serotype 22F glyoconjugate having “a molecular weight [MW] of between 1000 kDa and 12,500 kDa”
Continue Reading Board IPR FWDs finding Pfizer’s S. pneumoniae vaccine claims unpatentable for obviousness affirmed

“Last Thanksgiving weekend, Vivek and Carolina García Jayaram, a husband-and-wife duo of lawyers ingrained in Miami’s arts scene, were hanging out with friends who had recently moved to Miami when one person asked a perplexing question: “Was there anything even here before we all got here?”“That got us both thinking about the time that we met 20 years ago in Miami, and how vibrant the local contemporary art scene was during those years,” Vivek said. “The histories need to be told, and if they’re not told they sort of disappear.” That was the impetus of Making Miami, an ambitious
Continue Reading Remembering Making Miami

“I hope to offer viewers opportunities to tap into their own climate optimism as well as archiving moments where my queer community feels safe,
held and joyful.”

— Becca McCharen

KL

Hi Becca! Happy New Year!! Tell us a little about you, your swimwear brand Chromat, and how you started in fashion?

BM

Hiiii my name is Becca McCharen, my pronouns are they/she, I’m an artist and designer living in Miami, FL. I’m originally from Virginia, lived 10 years in Brooklyn while starting my future-forward bodywear brand Chromat before moving to Miami (my favorite place on earth!) in 2018. I’m
Continue Reading Becca McCharen / Katerina Llanes

“[Digital art] not only strengthens the connection between artists and art connoisseurs but also enables real-time communication.”

— Alex Simorré

NO

You’ve just launched Load Barcelona. For those who don’t know, it’s a first-of-its-kind, immersive digital art gallery in Barcelona featuring globally renowned artists and showcasing your state-of-the-art, screen technology and proprietary Spotify-like software for digital art. But that’s far from where you started. What were you doing a decade ago, and what led you on your current journey?

AS

I began my career at MH Diffusion, an importer and distributor of sound, lighting, and video products, at the age
Continue Reading Alex Simorré / Noah Ornstein

“It’s important to seek federal trademark and copyright registrations to secure rights and stop the rampant copycat industry from eroding carefully crafted goodwill.”

Over the past several seasons, the fashion industry witnessed the rise of “quiet luxury”—a style that emphasizes understated elegance and minimalism over ostentatious branding. This trend poses a unique challenge for fashion brands: how to differentiate their products in a subtle yet impactful (and importantly, legally protectable) way. However, there are several tools available for brands looking to maintain a visible and recognizable presence while still capitalizing on recent trends.
One solution lies in the strategic use
Continue Reading Quiet Luxury by Sam Kilb

This year, we teamed up with our pals at MSCHF and had Mark Scepi and Stomping Ground Customs give the “Super Normal” Kicks the dope ombré treatment.

VJ

Man, good to see you. Happy New Year!

JB

Happy New Year. I should be wearing the Jayaram hat that you sent me, my replacement hat, you saved my life. I’m not kidding. It’s my favorite hat.

VJ

I love it, man. You know what’s funny? I got this Mets hat on. I’m actually in New York for the next couple of days and I think that’s what drove me to wear
Continue Reading John Belcaster / Vivek Jayaram

NPE activity was above the norm for year-end.* Frequent filers included Ameranth, AML, Cedar Lane Technologies, Consolidated Transaction Processing, Linfo IP, Locket IP, Nimitz Technologies, R2 Solutions, Recog IP, and Sunflower Licensing.

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Finally, please
Continue Reading DECEMBER 2022 RETAIL PATENT LITIGATION REPORT

NPE activity eased slightly in November, as it usually does toward year end and the holidays.* Frequent filers included Cedar Lane, Digi Portal, Implicit, Noblewood IP, Optinetix, Savannah Licensing, and Tron Holdings.

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Finally, please
Continue Reading NOVEMBER 2022 RETAIL PATENT LITIGATION REPORT

Weber, Inc. v. Provisur Technologis, Inc.

Docket No. 2022-1751, -1813 (IPR2020-01556, -01557 (https://cafc.uscourts.gov/opinions-orders/22-1751.OPINION.2-8-2024_2267070.pdf)

REYNA, HUGHES, STARK

February 8, 2024

Brief Summary:  Board IPR decisions reversed and vacated for improper determination of public availability of instruction manuals and claim construction determinations.

Summary:   Weber appealed two IPR final written decisions (FWDs) finding that Provisur’s US 10,639,812 and 10,625,436 relating to “high-speed mechanical slicers used in food-processing plants to slice and package food articles, such as meats and cheeses” were shown to be unpatentable for obviousness.  The Board first concluded that “Weber’s operating manuals were not prior art printed publications” because
Continue Reading IPR decisions of no obviousness vacated and remanded for improper public accessibility and claim construction determinations

October was fairly busy. Frequent fliers included Advanced Transactions, Aeritas, AML IP, Bassfield IP, Communication Interface Technologies, Digi Portal, Noblewood IP, and Ridgeview IP.

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Finally, please let me know if you have thoughts about
Continue Reading OCTOBER 2022 RETAIL PATENT LITIGATION REPORT

Google LLC, et al. v. EcoFactor, Inc.

Docket No. 2022-1750, -1767 (IPR2020-01504, -00792 (https://cafc.uscourts.gov/opinions-orders/22-1750.OPINION.2-7-2024_2266326.pdf))

REYNA, TARANTO, STARK

February 7, 2024

Brief Summary:  Board implicitly construed claims; that construction was improper and led to a finding Google had not shown obviousness; decision vacated and remanded. Summary:   Google appealed from Board IPR final written decision (FWD) finding EcoFactor’s US 8,498,753 relating to thermostat-related systems and methods are not unpatentable.   Google’s IPR alleged obviousness in view of two US patents (Wedekind and Ehlers).  Representative claim 1 includes method steps 1a-1m, including 1m inputs [i]-[v] that are most relevant to this appeal. 
Continue Reading Board’s incorrect implicit claim construction, and finding of no obviousness, vacated and remanded

NPE activity ramped back up in September, as it often does as summer ends and kids go back to school.* Frequent filers included Advanced Transactions, Aeritas, Cedar Lane, Gratuity Solutions, Lexos Media, Optinetix, Push Data, S3G Technology, and Traxcell.

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or
Continue Reading SEPTEMBER 2022 RETAIL PATENT LITIGATION REPORT

In Re:  GO & Associates, LLC

Docket No. 2022-1961 (IPR2020-01524  (https://cafc.uscourts.gov/opinions-orders/22-1961.OPINION.1-22-2024_2256749.pdf)

LOURIE, PROST, REYNA

January 22, 2024

Brief Summary:  Board decision GO’s “EVERYBODY VS RACISM” proposed mark “fails to function as a source identifier” (“not solely because it contains informational matter”) affirmed.

Summary:   GO & Associates, LLC (GO) appealed against the United States Trademark Trial and Appeal Board’s decision, which supported the examining attorney’s refusal to register the mark “EVERYBODY VS RACISM.” This refusal was rooted in the assessment that the mark did not function as a source identifier for GO’s goods and services, such as clothing and
Continue Reading Board decision not to register “EVERYBODY VS RACISM” proposed mark affirmed

Apple, Inc. v. Masimo Corporation

Docket No. 2022-1891 (IPR2020-01524  (https://cafc.uscourts.gov/opinions-orders/22-1891.OPINION.1-12-2024_2252724.pdf) (Non-Precedential)

LOURIE, PROST, REYNA

January 12, 2024

Brief Summary:  Board IPR findings that Apple did not show Masimo’s pulse oximeter claims obvious affirmed. Summary:  Apple appealed USPTO Board holding that it did not show the challenged claims of Masimo’s US 8,457,703 obvious.  The ‘703 claims are directed to a method of managing the power consumption of a pulse oximeter by intermittently changing the duty cycle of the current supplied to the LEDs that light the patient’s tissues.  A prior art patent discloses a pulse oximeter including a “motion
Continue Reading Board IPR findings that Apple did not show Masimo’s pulse oximeter claims obvious affirmed

This month’s issue of Ping® highlights some trends in digital advertising. On June 29th, 2021, Illinois passed a Name, Image, Likeness (NIL) law for their colleges and institutions allowing a student-athlete to earn compensation commensurate with market value while enrolled at a postsecondary educational institution, and obtain and retain a certified agent for any matter or activity relating to such compensation.  This has prompted some discussions around different states treatment of right of publicity laws. This month’s issue of Ping® briefly compares NY and IL NIL laws.

Illinois vs New York Right of Publicity Acts: Key Differences and Protections

A
Continue Reading Ping® by Adlerlaw January 2024 – A Brief Comparison of NY and IL NIL laws.