Intellectual Property News and Reports

Omaha Steaks International, Inc. (“Omaha Steaks”) appeals a decision of the Trademark Trial and Appeal Board (“Board”) dismissing its opposition (No. 91213527) to Greater Omaha Packing Co., Inc.’s (“GOP”) application to register the mark “GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF” (“Opposed Mark”) for meat, including boxed beef primal cuts. The Board concluded that there is no likelihood of confusion between the Opposed Mark and Omaha Steaks’ previously registered trademarks. We conclude that the Board made certain errors while analyzing the fame of the registered mark, third-party usage, and similarity of the marks. Accordingly, we vacate and remand.

Download Omaha Steaks International Inc. v. Greater Omaha Packing Co.

This is the second petition for a writ of mandamus filed by Oath Holdings Inc. (formerly known as Yahoo Holdings, Inc.) to challenge the district court’s conclusion that Oath missed its opportunity to object to venue in the Eastern District of New York for the patent case filed against it. When Oath first sought mandamus, we denied the request, stating that Oath should ask the district court to reconsider its initial conclusion in light of In re Micron Technology, Inc., 875 F.3d 1091 (Fed. Cir. 2017). Oath made that request to the district court, but the court reached the same conclusion it had reached earlier and denied the request for dismissal or transfer. We now grant mandamus and remand with the instruction that the district court either dismiss or transfer the case.

Download In re Oath Holdings Inc.

Arista Networks, Inc. (“Arista”) petitioned for an inter partes review (“IPR”) of certain claims of U.S. Patent No. 7,340,597 (“the ’597 patent”), which is owned by Cisco Systems, Inc. (“Cisco”). After instituting an IPR, the Patent Trial and Appeal Board (“Board”) upheld some of those challenged claims as patentable but invalidated others. Both Arista and Cisco appeal various aspects of the Board’s decision. Having considered the parties’ arguments, we reverse and remand as to Arista’s appeal, and we affirm Cisco’s cross-appeal.

Download Arista Networks Inc. v. Cisco Systems Inc.

Appellants appeal from a grant of summary judgment of non-infringement. The U.S. District Court for the District of Delaware granted summary judgment as a matter of law after concluding Appellants’ infringement action was collaterally estopped. Because evidence indicates a material difference in the accused products in this action, collateral estoppel does not apply and the entry of summary judgment was error. We vacate and remand.

Download Arcelormittal Atlantique v. AK Steel Corp.

Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his photograph of the Indianapolis skyline on its website without a license. Vacuforce hired attorney Paul Overhauser to defend it. The parties quickly settled, so the federal lawsuit was dismissed with prejudice.

That was not the end of the story. Overhauser then moved to recover attorney fees from plaintiff Bell. He argued that since the settlement produced a dismissal with prejudice, Vacuforce was the “prevailing party” for purposes of fees under the Copyright Act, 17 U.S.C. § 505. The district court considered Overhauser’s motion frivolous and misleading. The court denied the motion and ordered two monetary sanctions against Overhauser: one under Federal Rule of Civil Procedure 11 and another under 28 U.S.C. § 1927. Overhauser appeals both sanctions, but we affirm both of them.

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