Courtney Seams
Subscribe to Courtney Seams's PostsCourtney Seams focuses her practice on intellectual property litigation matters. Read Courtney Seams's full bio.
What’s Kühler Than Kühl? No Likelihood of Confusion
By Courtney Seams on Sep 28, 2023
Posted In Trademarks
Addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit concluded that no reasonable juror would confuse an alcohol distributer’s use of the word “kühl” with use of a similar mark by a clothing company. Alfwear, Inc. v. Mast-Jägermeister US, Inc., Case No. 21-4029 (Fed. Cir. Sept. 7,...
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Federal Circuit to Revisit Whether KSR Extends to Design Patents
By Courtney Seams on Jul 13, 2023
Posted In Patents
Granting a petition for rehearing en banc, the US Court of Appeals for the Federal Circuit decided to revisit the effect of the Supreme Court’s 2007 decision in KSR International v. Teleflex on design patents. LKQ Corporation v. GM Global Technology Operations, Case No. 21-2348 (Fed. Cir. June 30, 2023) (per curiam). The Federal Circuit...
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Absent Nexus Secondary Considerations Come in Second
By Courtney Seams and Gaylon C. Hollis on Jun 15, 2023
Posted In Patents
Addressing the nexus between a secondary consideration and the claimed invention in assessing obviousness, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board finding of nonobviousness because the Board erred in its nexus analysis regarding secondary considerations. Yita LLC v. MacNeil IP LLC, Case Nos. 22-1373; -1374 (Fed....
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Hanging Patentability on Written Description Cannot Be Truss-ted
By Courtney Seams on May 4, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit upheld a Patent Trial & Appeal Board finding that the claims of a patent for a truss hanger were invalid for lack of written description because they claimed an undisclosed range despite the predictable nature of the technology. Columbia Insurance Company v. Simpson Strong-Tie Company Inc.,...
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Message Received: US Courts Are Appropriate, More Convenient Venue to Adjudicate US IP Disputes
By Courtney Seams on Feb 23, 2023
Posted In Copyrights, Trade Secrets, Trademarks
Addressing personal jurisdiction and forum non conveniens in a software licensing dispute, the US Court of Appeals for the Fourth Circuit upheld a district court’s exercise of personal jurisdiction over a Dutch entity and the court’s decision to not dismiss the case for forum non conveniens. dmarcian, Inc. v. dmarcian Europe BV, Case Nos. 21-1721;...
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KSR Does Not Extend to Design Patents (Yet)
By Courtney Seams on Feb 9, 2023
Posted In Patents
Addressing the standard for obviousness of design patents, the US Court of Appeals for the Federal Circuit, in a per curiam opinion, upheld the Patent Trial & Appeal Board’s finding that a challenged design patent was not obvious over the pre-KSR design patent obviousness test or anticipated. LKQ Corporation v. GM Global Technology Operations, Case...
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“Open Sesame” Without Translation Won’t Open Door to Trademark Registration
By Courtney Seams on Feb 2, 2023
Posted In Trademarks
The Trademark Trial & Appeal Board (Board) addressed, for the first time, whether an applicant is required to submit an English translation for a word that is created by spelling out the pronunciation of Chinese characters using Latin characters. The Board concluded that the mark required an English translation and upheld the examining attorney’s refusal...
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Dictionaries Don’t Know Best: The Intrinsic Record Prevails (Again)
By Courtney Seams on Jan 19, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit addressed the tension between the intrinsic and extrinsic record in claim construction, holding that the intrinsic record should be relied on first. The Court therefore reversed a district court finding of indefiniteness based on dictionary definitions and expert testimony. Grace Instrument Industries, LLC v. Chandler Instruments...
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