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March 2018
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ZW USA, Inc. v. PWD Systems, LLC

This case involves a trademark dispute between two companies that sell plastic bags for picking up and disposing of dog droppings. ZW USA, Inc. entered the dog bag market first and registered the mark ONEPUL. PWD, LLC entered the market... Read more →

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01 Communique Laboratory, Inc v. Citrix Online, LLC

01 Communique Laboratory, Inc. (“Communique”) appeals an order of the United States District Court for the Northern District of Ohio denying its motion for a new trial. See 01 Communique Lab., Inc. v. Citrix Sys., Inc., No. 1:06-CV-00253, 2017 WL... Read more →

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Gilead Sciences, Inc. v. Merck & Co., Inc.

This case involves two patents relating to treatments for Hepatitis C. Merck & Co., Inc. and Ionis Pharmaceuticals, Inc. (formerly Isis Pharmaceuticals, Inc.) collaborated on research in the area and eventually obtained U.S. Patent Nos. 7,105,499 and 8,481,712. The patents,... Read more →

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Variety Stores, Inc. v. Wal-Mart Stores, Inc.

This appeal arises from a protracted trademark dispute between appellant Variety Stores, Inc. (“Variety”), and cross-appellant and appellee Wal-Mart Stores, Inc. (“Walmart”). The district court granted partial summary judgment in Variety’s favor, finding Walmart liable for trademark infringement. Following a... Read more →

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Naruto v. Slater

Affirming the district court’s dismissal of claims brought by a monkey, the panel held that the animal had constitutional standing but lacked statutory standing to claim copyright infringement of photographs known as the “MonkeySelfies.” The panel held that the complaint... Read more →

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Montauk U.S.A., LLC v. 148 South Emerson Associates LLC

Plaintiff-Appellant Montauk U.S.A., LLC (“Montauk”) appeals from (i) the district court’s dismissal without prejudice of its Lanham Act claims and motion for preliminary injunction under the “first filed” rule, and (ii) the district court’s order, pursuant to Fed. R. Civ.... Read more →

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Wi-Fi One, LLC v. Broadcom Corp.

These three consolidated cases return to the panel on remand from the en banc court. That court reviewed, and overturned, the panel’s decision that time-bar determinations by the Patent Trial and Appeal Board (“PTAB” or “Board”) in inter partes review... Read more →

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Voter Verified, Inc. v. Election Systems & Software LLC

Voter Verified, Inc. (“Voter Verified”) appeals from the United States District Court for the Northern District of Florida’s dismissal under Fed. R. Civ. P. 12(b)(6) of its claim for patent infringement, holding that the claims of U.S. Reissue Patent RE40,449... Read more →

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James v. J2 Cloud Services, LLC

In this action against j2 Cloud Services, LLC and Advanced Messaging Technologies, Inc. (AMT), Gregory James asserts a claim for correction of inventorship under 35 U.S.C. § 256, as well as various state-law claims. The district court dismissed the correction-of-inventorship... Read more →

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SAS Institute Inc. v. Iancu

Inter partes review allows private parties to challenge previously issued patent claims in an adversarial process before the Patent Office. At the outset, a party must file a petition to institute review, 35 U. S. C. §311(a), that identifies the... Read more →

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