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October 2016
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In re: Rearden, LLC

The defendants in the underlying case, Rearden LLC, Rearden MOVA LLC, MO2, LLC, and MOVA, LLC, petition for a writ of mandamus to challenge the district court’s order compelling them to produce allegedly privileged documents. We conclude we have jurisdiction... Read more →

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Christian Faith Fellowship Church v. Adidas AG

Christian Faith Fellowship Church appeals a final judgment of the Trademark Trial and Appeal Board that, in response to a petition filed by adidas AG, cancelled its trademarks for failing to use the marks in commerce before registering them. The... Read more →

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Alfred E. Mann Foundation for Scientific Research v. Cochlear Corp.

The Alfred E. Mann Foundation for Scientific Research sued Cochlear Corporation and Cochlear Ltd. for infringing claims 1 and 10 of U.S. Patent No. 5,609,616 and claims 6–7 of U.S. Patent No. 5,938,691, which cover implantable cochlear stimulators. After conducting... Read more →

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Unwired Planet, LLC v. Google, Inc.

Unwired Planet, LLC (“Unwired”) appeals from the final written decisions of the Patent Trial and Appeal Board (“Board”) in Inter Partes Review (“IPR”) No. 2014- 00036 and Covered Business Method (“CBM”) Patent Review No. 2014-00005. Google Inc. v. Unwired Planet,... Read more →

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Perfect Surgical Techniques, Inc. v. Olympus America, Inc.

Perfect Surgical Techniques, Inc. (“PST”) appeals from a decision of the Patent Trial and Appeal Board (“Board”) invalidating claims 1, 4–6, 8, 9, 11, 12, 38, 41– 44, 46, 47, and 49 of U.S. Patent No. 6,030,384 (“’384 patent”). For... Read more →

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Warner Bros. Entertainment v. X One X Productions

X One X Productions, A.V.E.L.A., Inc., Art-Nostalgia.com, Inc., and Leo Valencia (collectively, “AVELA”) appeal a permanent injunction prohibiting them from licensing images from the films Gone with the Wind and The Wizard of Oz, as well as the animated short... Read more →

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NuVasive, Inc.

NuVasive, Inc. owns U.S. Patent No. 8,187,334, which describes and claims implants for spinal fusion surgery. Medtronic, Inc.—which settled with NuVasive and has withdrawn from the present appeals—filed two petitions for inter partes review with the Patent and Trademark Office,... Read more →

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REG Synthetic Fuels, LLC v. Neste Oil Oyj

This appeal arises from a petition for inter partes review filed by Neste Oil Oyj (Neste) against claims 1–5 and 8 of U.S. Patent No. 8,231,804 (’804 patent), which is owned by REG Synthetic Fuels, LLC (REG). The United States... Read more →

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Cross Commerce Media, Inc. v. Collective, Inc.

Collective, Inc. and Cross Commerce Media, Inc., two companies that provide data‐driven analytic software to businesses, dispute whether several of Collectiveʹs trademarks are valid and, if so, have been infringed by Cross Commerce Mediaʹs marks. In a series of decisions,... Read more →

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EMI Christian Music Group, Inc. v. MP3tunes, LLC

In this appeal, we principally address one requirement of the Digital Millennium Copyright Act (“DMCA”) safe harbor: that an internet service provider “adopt[] and reasonably implement[]” a policy to terminate “repeat infringers.” 17 U.S.C. § 512. The plaintiffs, all record... Read more →

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