Brennen Baylor
Subscribe to Brennen Baylor's PostsBrennen Baylor focuses his practice on intellectual property matters in the life sciences industry. He prosecutes patent applications related to small molecules, pharmaceutical macromolecules, medical devices, agricultural chemistry, nutraceuticals, synthesis and use of nucleic acids and polypeptides, cell culturing systems and apparatuses, methods of culturing cells and methods of preparing tissue grafts. Brennen also has experience advising clients on inventions in the fields of chemical engineering systems, lithium batteries, manufacturing flooring composites, 3D printer filament compositions, and cellulose-based packaging materials. Read Brennen Baylor's full bio.
That’s So Metal: Narrow Limitation Doesn’t Contradict Broader One
By Brennen Baylor on Mar 14, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s indefiniteness determination, finding that two claim limitations – one broad and one narrow – were not contradictory since it was possible to meet the requirements of both. Maxell, Ltd. v. Amperex Technology Limited, Case No. 23-1194 (Fed. Cir. Mar. 6, 2024) (Prost,...
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Even a Non-Explicit Claim Construction Can Be Erroneous
By Brennen Baylor on Feb 15, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision finding the challenged patent claims not obvious over the prior art. The Court found that the Board, after concluding that no claim construction was required, implicitly construed the claim limitation at issue and did so erroneously. Google LLC...
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Common Sense: Nonparties Not Precluded by Ex Parte Reexamination Termination
By Brennen Baylor on Jun 8, 2023
Posted In Trademarks
In a precedential decision, the US Patent & Trademark Office (PTO) Trademark Trial & Appeal Board denied a motion for judgment based on either claim or issue preclusion, and in the alternative for a show cause order, in a challenger’s petition. Common Sense Press Inc. d/b/a Pocket Jacks Comics v. Ethan Van Sciver and Antonio...
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Context Is Key in Claim Construction
By Brennen Baylor on Apr 20, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit reiterated that intrinsic evidence trumps extrinsic evidence in determining the meaning of claim terms. Sequoia Technology, LLC v. Dell, Inc. et al., Case Nos. 21-2263; -2264; -2265; -2266 (Fed. Cir. Apr. 12, 2023) (Stoll, Lourie, Dyk, JJ.) Sequoia Technology owns a patent directed to data storage...
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Press # For Options, but Not for a Trademark Registration
By Brennen Baylor on Nov 29, 2022
Posted In Trademarks
In a precedential opinion addressing the most fundamental requirement for trademark protection, the Trademark Trial & Appeal Board (Board) affirmed the US Patent & Trademark Office’s (PTO) refusal to register a “#” based mark on the ground that it fails to function as a mark. In re Pound Law, LLC, Ser. No. 87724338 (TTAB Nov....
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PTO Director Lays Out Limits on “Roadmapping” as Factor for Discretionary IPR Denials
By Brennen Baylor on Sep 15, 2022
Posted In Patents
Exercising its discretion under 35 U.S.C. § 314(a), the Patent Trial & Appeal Board (Board) denied institution of two inter partes reviews (IPRs) based on its understanding of its own precedential 2017 decision in Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha. US Patent & Trademark Office Director Kathi Vidal subsequently reversed the Board’s ruling...
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Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”
By Brennen Baylor on Aug 4, 2022
Posted In Trademarks
The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties. Pointing to the different standard required to prove a violation and damages, the Court ultimately reduced a trademark infringement award to...
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