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April 2017
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Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC

Joseph Phelps Vineyards, LLC (“Vineyards”) has produced and sold wines bearing the trademark INSIGNIA since 1978. In 2012, Fairmont Holdings, LLC (“Fairmont”) received federal registration for the mark ALEC BRADLEY STAR INSIGNIA for cigars and cigar products. On Vineyards’ petition... Read more →

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Rivera v. International Trade Commission

Adrian Rivera and Adrian Rivera Maynez Enterprises (collectively, “Rivera”) appeal from a divided decision by the International Trade Commission, finding no violation of Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, based on the Commission’s holding... Read more →

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Mylan Institutional LLC v. Aurobindo Pharma Ltd.

Aurobindo Pharma Ltd., Aurobindo Pharma USA Inc., and Auromedics Pharma LLC (together, “Aurobindo”) appeal from a decision of the United States District Court for the Eastern District of Texas granting Mylan Institutional LLC’s (“Mylan Inst.”) and Apicore US LLC’s (“Apicore”)... Read more →

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TC Heartland LLC v. Kraft Foods Group Brands LLC

Held: As applied to domestic corporations, “reside[nce]” in §1400(b) refers only to the State of incorporation. The amendments to §1391 did not modify the meaning of §1400(b) as interpreted by Fourco. Pp. 3– 10. (a) The venue provision of the... Read more →

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Fourth Estate Public Benefit v. Wall-Street com, LLC

“Registration” of a copyright is a precondition to filing suit for copyright infringement. 17 U.S.C. § 411(a). This appeal requires us to decide an issue that has divided the circuits: whether registration occurs when an owner files an application to... Read more →

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Elliott v. Google, Inc.

The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic. The panel held that a claim of... Read more →

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Arcelormittal v. AK Steel Corp.

Plaintiffs sued Defendants in 2010 for infringing U.S. Patent No. 6,296,805. After our most recent remand in this case, the district court invalidated claims 24 and 25 of U.S. Patent No. RE44,153, the reissue of the ’805 patent. We conclude... Read more →

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AT&T Intellectual Property II

AT&T appeals a final decision of the Patent Trial and Appeal Board in an inter partes reexamination. AT&T argues that the Board improperly instituted the reexamination proceedings and erred in finding that the challenged claims are invalid as anticipated. The... Read more →

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Rovalma, S.A. v. Bohler-Edelstahl GMBH & Co. KG

Rovalma, S.A. owns U.S. Patent No. 8,557,056, which describes and claims methods for making steels with certain desired thermal conductivities. In October 2014, Böhler-Edelstahl GmbH & Co. KG (Böhler) petitioned the Patent Trial and Appeal Board for an inter partes... Read more →

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Aylus Networks, Inc. v. Apple Inc.

Aylus Networks, Inc. appeals the United States District Court for the Northern District of California’s grant of summary judgment finding that Apple Inc.’s AirPlay feature does not infringe the asserted claims of U.S. Patent No. RE 44,412. For the reasons... Read more →

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