Courtney Seams
Subscribe to Courtney Seams's PostsCourtney Seams focuses her practice on intellectual property litigation matters. Read Courtney Seams's full bio.
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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