In re: North Carolina Lottery

Appellant North Carolina Lottery (“N.C. Lottery”) seeks to register the mark “FIRST TUESDAY” in connection with lottery services and games, to market the introduction of new scratch-off lottery games on the first Tuesday of each month. It appeals the decision of the U.S. Patent and Trademark Office’s (“PTO”) Trademark Trial and Appeal Board (“TTAB”) denying registration of the mark. We affirm.

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Amgen, Inc. v. Hospira, Inc.

Amgen Inc. (“Amgen”) appeals an order of the United States District Court for the District of Delaware denying Amgen’s motion to compel discovery from Hospira, Inc. (“Hospira”) in a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010) (amending 42 U.S.C. § 262). Amgen alternatively seeks a writ of mandamus ordering the court to compel discovery.

Because we lack jurisdiction over the district court’s order under the collateral order doctrine and find that Amgen fails to satisfy the prerequisites for mandamus, we dismiss the appeal and deny the writ.

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Romag Fasteners, Inc. v. Fossil, Inc.

Romag Fasteners, Inc. (“Romag”) owns U.S. Patent No. 5,722,126 (“’126 patent”) on magnetic snap fasteners, which it sells under its registered trademark, ROMAG, U.S. Trademark Reg. No. 2,095,367 (“’367 trademark”). Romag sued Fossil, Inc. and various retailers (together, “Fossil”) for, inter alia, patent infringement, trademark infringement, and violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) in the U.S. District Court for the District of Connecticut (“district court”). The jury returned a verdict for Romag, finding that Fossil had engaged in patent and trademark infringement and in unfair trade practices. A two-day bench trial resolving other issues followed, after which the district court entered judgment on the jury verdict. This court affirmed the judgment of patent and trademark infringement; other aspects of the judgment were not appealed. See Romag Fasteners, Inc. v. Fossil, Inc., Nos. 2014-1896, 2014-1897, 2017 WL 1906904 (Fed. Cir. May 3, 2017) (“Romag II”).

Romag sought attorney’s fees under the Patent Act, 35 U.S.C. § 285, Lanham Act, 15 U.S.C. § 1117(a), and CUTPA. The district court granted fees under the Patent Act and CUTPA, but not under the Lanham Act. Fossil appeals and Romag cross-appeals. We vacate and remand.

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In re: I.AM.Symbolic, LLC

i.am.symbolic, llc (“Symbolic”) appeals from decisions of the U.S. Patent and Trademark Office (“the PTO”) Trademark Trial and Appeal Board (“the Board”) affirming the examining attorney’s refusal to register the mark I AM (“the mark”) in standard characters for goods in International Classes (“classes”) 3, 9, and 14 on the ground of a likelihood of confusion with registered marks. See In re i.am.symbolic, llc, 116 U.S.P.Q.2d 1406 (T.T.A.B. Oct. 7, 2015) (Symbolic I); In re i.am.symbolic, llc, No. 85044495, 2015 WL 6746544 (Oct. 7, 2015) (Symbolic II); In re i.am.symbolic, llc, No. 85044496, 2015 WL 6746545 (Oct. 7, 2015) (Symbolic III). Because the Board did not err in its likelihood of confusion conclusion, we affirm.

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Personal Audio, LLC v. Electronic Frontier Foundation

Personal Audio, LLC appeals the decision of the Patent Trial and Appeal Board (PTAB or “Board”) in inter partes review (IPR) of United States Patent No. 8,112,504 (“the ’504 Patent”). This IPR was instituted on petition of the Electronic Frontier Foundation (“EFF”), described as a non-profit organization that advocates in the public interest of consumers of digital technology. The PTAB held claims 31–35 of the ’504 Patent unpatentable as anticipated under 35 U.S.C. § 102 and/or obvious under 35 U.S.C. § 103, leading to this appeal.1 On the merits of the appeal, we affirm the judgment of unpatentability.

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