Jake B. Vallen
Subscribe to Jake B. Vallen's PostsJake Vallen focuses his practice on intellectual property litigation matters Read Jake Vallen's full bio.
Strike 1: Priority. Strike 2 :Likelihood of Confusion. Strike 3: You’re Out under Section 2(d).
By Jake B. Vallen on Apr 27, 2023
Posted In Trademarks
The Trademark Trial & Appeal Board affirmed the rejection of three trademark applications, finding that the applied-for marks would cause confusion with a record-setting major league baseball player. Major League Baseball Players Ass’n v. Chisena, Opp. Nos. 91240180; 91242556; 91243244 (TTAB Apr. 12, 2023) (Cataldo, Heasley, Larkin, ATJ.) (precedential). Michael P. Chisena sought registration of...
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Disclaiming Claim Scope: Could the Patentee Have Anticipated This?
By Jake B. Vallen on Apr 6, 2023
Posted In Patents
In the most recent decision in the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit affirmed a remand ruling from the Patent Trial & Appeal Board finding the challenged claims of VirnetX’s patents unpatentable. VirnetX Inc. v. Mangrove Partners Master Fund, Ltd., Case No. 2020-2271 (Fed. Cir. Mar. 30, 2023) (Moore, C.J.;...
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Prior Art Coherency and Cache Incoherency: “Known-Technique” Rationale for Motivation to Combine
By Jake B. Vallen on Mar 23, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit, addressing the issue of whether certain factual and legal conclusions relating to obviousness were supported by substantial evidence, held that the Patent Trial & Appeal Board improperly rejected evidence of “known-technique” rationale to provide a motivation to combine. Intel Corp. v. PACT XPP Schweiz AG, Case...
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DC Circuit to Disputes Ancillary to Patent Matters: “You Can’t Sit with Us”
By Jake B. Vallen on Mar 2, 2023
Posted In Patents
For the first time, the US Court of Appeals for the District of Columbia Circuit addressed whether appeals of discovery orders ancillary to a patent suit are within the exclusive jurisdiction of the US Court of Appeals for the Federal Circuit. The DC Circuit joined its sister circuits and held in the affirmative. Fraunhofer-Gesellschaft Zur...
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