By Beverly A. Marsh, Partner, Standley Law Group LLP
Last month the Supreme Court issued its first trademark decision for 2015. In Hana Financial, Inc. v. Hana Bank, No. 13-1211, in an opinion delivered by Justice Sotomayor, the Court unanimously held that the determination of whether two trademarks may be "tacked" for purposes of determining priority is a question of fact, not law, and therefore is a proper question for the jury.
By Stephen L. Grant, Sr. Atty, Standley Law Group LLP
"Double patenting" comes in two different flavors. One flavor is a bit bland; it doesn’t have the depth of nuance. But the second flavor, and especially its US patent law overtones, makes for tasty reading. And so, a sample of Gilead Sciences, Inc. v. Natco Pharma Limited 1 is suggested to you.
By Stephen L. Grant, Sr. Atty, Standley Law Group LLP
On Feb. 21, the Federal Circuit handed down the awaited decision in Lighting Ballast Control,1 a case scheduled for en banc rehearing to determine the ongoing viability of the Cybor2 doctrine that all patent claim constructions are entitled to de novo review upon appeal. In a split 6-4 decision,3 Cybor lives on. From reading the three opinions,4 the concurrence by Judge Lourie may have the most lasting value. But first, let’s set up the case for you.
The questions posed by the Federal Circuit for briefing were:
