Archive for the 'News and Events' Category

B&B Hardware v. Hargis Industries

The U.S. Supreme Court in B&B Hardware, Inc. v. Hargis Industries, Inc. held that a final decision by the U.S. Patent And Trademark Office’s Trademark Trial & Appeal Board (TTAB) can form the basis for issue preclusion thereby preventing a court from deciding the same issues already addressed.  The opinion can be found here B&B Hardware v. […]

Senju v. Lupin

The Court of Appeals for the Federal Circuit held in Senju Phamaceutical Co. v. Lubin Limited , that the district court’s finding of obviousness of the patented invention at issue was correct and did not give any deference to the subsequent finding during an ex parte reexamination by the U.S. Patent and Trademark Office that the claimed invention was […]

In Re St. Helena Hospital

In In Re St. Helena Hospital, the Federal Circuit Court of Appeals reversed the Trademark Trial and Appeal Board’s decision to refusal registration of the mark TakeTen.  In the decision, the Federal Circuit found that three of the Dupont Factors for determine whether a mark is confusingly similar to another mark had not been proven.  The opinion […]

DDR Holdings v

In DDR Holdings, LLC v., L.P., the Federal Circuit Court of Appeals affirmed the patent eligibility of the patent holder’s e-commerce patent.  The opinion can be read here DDR Holdings v

Scientific Plastic Products v Biotage

In Scientific Plastic Products, Inc. v. Biotage, AB, the Federal Circuit Court of Appeals affirmed the decision of the Patent Trial and Appeal Board affirming the Patent Examiner’s rejection based on obviousness and the cancellation of all the claims in three patents.  The Federal Circuit found that the art relied upon in the obviousness rejection was analogous […]

David Clement Joins The Firm

McGurk Intellectual Property Advisors is pleased to announce that David J. Clement has been named Of Counsel to the firm. David is a Registered Patent Attorney who most recently served as Senior Counsel and Global Patent Operation Manager for GE Aviation in Cincinnati, OH. Prior to GE, he worked for The Boeing Company as intellectual […]

Alice Corp v. CLS Bank International

The US Supreme Court held in Alice Corporation Pty. Ltd. v. CLS Bank International that patent claims drawn to an abstract idea with generic computer implementation are invalid for claiming patent ineligible subject matter.  The US Supreme Court opinion can be found here Alice Corp v CLS Bank International

ABC v Aereo

The US Supreme Court in American Broadcasting Cos., Inc. v. Aereo, Inc. held that Aero’s retransmission of broadcast television signals qualified as a public performance of a copyrighted work under the Copyright Act of 1976.  The US Supreme Court found that Aereo’s activities were substantially similar to the activities of community television providers that led […]

Limelight Networks v Akamai Technologies

The US Supreme Court held in Limelight Networks, Inc. v. Akamai Technologies, Inc. that a defendant is not liable for inducing patent infringement if no one has directly infringed the patent.  Thus, when claims are being drafted, particular importance should be placed on assessing whether more than one entity be responsible for providing different steps […]

Nautilis v Biosig

The US Supreme Court in Nautilis, Inc. v. Biosig Instruments, Inc. held a patent is invalid for indefiniteness if its claims, read in light of the patent’s specification and prosecution history, fail to inform, with a reasonable certainty, those skilled in the art about the scope of the invention.  The US Supreme Court rejected the […]