Tag: CAFC
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In re Thomas D. Foster, APC: Trademark Refusal Reinforces Timing and False Connection Analysis Under the Lanham Act
In a recent decision, the Federal Circuit affirmed the TTAB’s refusal to register the trademark “US SPACE FORCE,” emphasizing critical considerations under § 2(a) of the Lanham Act related to false suggestions of a connection. This ruling highlights the significance of timing in trademark analysis and clarifies the factors influencing determinations of false associations with…
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Ingenico Inc. v. IOENGINE, LLC: Public Availability of Prior Art Software Invalidates Patent Claims
In a recent decision, Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit upheld a jury’s finding that several claims of IOENGINE’s U.S. Patent Nos. 9,059,969 and 9,774,703 were invalid due to anticipation and obviousness by publicly available prior art. Specifically, the Court affirmed that a software application known as the “Firmware Upgrader,” part of M-Systems’…
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Incyte Corp. v. Sun Pharmaceutical Industries: Federal Circuit Reinforces Strict Article III Standing Requirements for Patent Challengers
In a recent decision, Incyte Corporation v. Sun Pharmaceutical Industries, Inc., the Federal Circuit reaffirmed the stringent standards for establishing Article III standing in appeals from PTAB decisions. The court dismissed Incyte’s appeal from a PTAB post-grant review proceeding, holding that Incyte failed to demonstrate a sufficient injury in fact required for Article III standing.…
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In re Kostic: Broadened Reissue Claims Rejected Due to Statutory Bar
In In re Kostic, the Federal Circuit recently reinforced the statutory bar against broadening reissue applications filed beyond the two-year limit, emphasizing that claims must be construed based on their actual language rather than an inventor’s subjective intent. Background:Appellants Kostic and Vandevelde sought reissue of U.S. Patent No. 8,494,950, covering methods for buying and selling…
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Fintiv v. PayPal: Payment Handler Terms Indefinite Under § 112(f)
In Fintiv, Inc. v. PayPal Holdings, Inc., No. 23-2312 (Fed. Cir. Apr. 30, 2025), the Federal Circuit affirmed the Western District of Texas’s ruling that the asserted patent claims were invalid as indefinite. The decision underscores the court’s continued enforcement of 35 U.S.C. § 112 ¶ 6 for software-related terms that fail to recite sufficient…
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In re PT Medisafe Technologies: Federal Circuit Affirms Color Mark as Generic
In In re PT Medisafe Technologies, No. 23-1573 (Fed. Cir. Apr. 29, 2025), the Federal Circuit affirmed the PTAB’s refusal to register a dark green color mark for medical examination gloves, concluding that the color was generic and not eligible for trademark protection. Background Medisafe, a manufacturer and distributor of medical gloves, sought to register…
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Qualcomm v. Apple: Express Reliance on Applicant Admitted Prior Art Bars IPR Ground
In Qualcomm Inc. v. Apple Inc., Nos. 2023-1208, -1209 (Fed. Cir. Apr. 23, 2025), the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) post-remand decision, holding that the Board erred in allowing Apple’s inter partes review (IPR) ground to proceed based on a misinterpretation of 35 U.S.C. § 311(b). The ruling clarifies the…
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Marmen Inc. v. United States — Federal Circuit Rejects Commerce’s Use of Cohen’s d Test in Dumping Margin Calculation
In Marmen Inc. v. United States, No. 23-1877 (Fed. Cir. Apr. 22, 2025), the Federal Circuit vacated and remanded the Department of Commerce’s antidumping duty (AD) determination for utility-scale wind towers from Canada. The decision raises important questions about Commerce’s use of statistical methods in calculating dumping margins, and it reinforces key limitations previously addressed…
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Dongkuk S&C Co., Ltd. v. United States: Federal Circuit Backs Commerce’s Methodology for Cost Adjustments and Surrogate Profit Selection in Antidumping Review
In Dongkuk S&C Co., Ltd. v. United States, No. 23-1419 (Fed. Cir. Apr. 21, 2025), the Federal Circuit affirmed the U.S. Department of Commerce’s determinations in its antidumping investigation of utility-scale wind towers from South Korea. The decision clarifies Commerce’s discretion in adjusting reported production costs and selecting surrogate data when calculating constructed value under…
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Target Corporation v. United States: Federal Circuit Reaffirms Strict Finality in Customs Liquidation Errors
In Target Corp. v. United States, No. 2023-2274 (Fed. Cir. Apr. 21, 2025), the Federal Circuit reversed the Court of International Trade’s (CIT) dismissal of Target’s challenge to the reliquidation of antidumping entries, holding that the CIT improperly bypassed the statutory finality rules governing Customs’ liquidations. This decision reaffirms the holding in Cemex, S.A. v.…