Intellectual Property and Tech Law Reports

In re Fallaux

Frits Jacobus Fallaux and the other appellants (collectively, Dr. Fallaux) are the named inventors on U.S. Patent Application No. 10/618,526 (the ’526 or Fallaux application), filed on July 11, 2003. The examiner rejected claims 1, 3-7, 10, 11, 16, 21-22, and 25 (the Fallaux claims) for obviousness-type double patenting in view of claims 43 and 44 of U.S. Patent No. 6,340,595 (the ’595 patent) and claims 7, 32, and 35 of U.S. Patent No. 6,413,776 (the ’776 patent) (collectively, the Vogels patents). The Board of Patent Appeals and Interferences (Board) affirmed the examiner’s final rejection. Ex parte Fallaux, No. 2008-2251, 2008 WL 2463014 (B.P.A.I. June 17, 2008). Dr. Fallaux appeals. For the reasons set forth below, we affirm.

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In re Spirits Int'l., L.V.

Spirits International B.V. (formerly Spirits International N.V.) (“Spirits”), appeals a decision of the Trademark Trial and Appeal Board (“Board”). The Board affirmed a decision by an examining attorney at the U.S. Patent and Trademark Office (“PTO”) refusing to register Spirits’ mark—MOSKOVSKAYA—for vodka. In re Spirits Int’l N.V., 86 USPQ2d 1078 (TTAB 2008). The Board concluded that the mark was primarily geographically deceptively misdescriptive under 15 U.S.C. § 1052(e)(3). Because the Board applied an incorrect test for materiality in determining that the mark was geographically deceptive, we vacate and remand.

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Revolution Eyewear, Inc. v. Aspex Eyewear, Inc.

In 2002, Revolution Eyewear, Inc. (“Revolution”) initiated a patent infringement action against Aspex Eyewear, Inc. (“Aspex”) and Thierry Ifergan in the United States District Court for the Central District of California. Aspex, together with Contour Optik, Inc., Manhattan Design Studio, Inc., and Asahi Optical Co. Ltd. (collectively, “Contour”), counterclaimed that Revolution infringed claims 6, 22, and 34 of U.S. Patent No. RE37,545 (“’545 patent”). This appeal only relates to the counterclaim. Revolution appeals the district court’s orders (1) denying Revolution’s motion for summary judgment of invalidity of claim 22 of the ’545 patent, (2) granting Contour’s motion for summary judgment of infringement of claim 22 of the ’545 patent, and (3) denying Revolution’s motions for judgment as a matter of law (“JMOL”), for a new trial, or for remittitur. Contour cross-appeals the district court’s order denying Contour’s motion for attorney fees based on Revolution’s alleged willful infringement of the ’545 patent. For the reasons set forth below, we affirm.

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