Mike Baldwin
Subscribe to Mike Baldwin's PostsMichael J. Baldwin focuses his practice on intellectual property litigation matters. Read Mike Baldwin's full bio.
Just How Similar Must Competing Marks Be to Survive Dismissal?
By Mike Baldwin on Oct 5, 2023
Posted In Trademarks
After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the attorneys’ fee award. Bliss Collection, LLC v. Latham Companies, LLC, Case Nos. 21-5723; -5361 (6th Cir. Sept...
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No Two Ways About It: No Disparagement ≠ Teaching Away, Free Samples ≠ Commercial Success
By Mike Baldwin on Aug 31, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board invalidating two patents: one as anticipated because disclosure of a genus anticipated the claimed species, and the other as obvious because the prior art did not disparage the claimed invention and therefore was not a “teaching away.” The Court...
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A Textbook Example: Single Online Sale Does Not a Minimum Contact Make
By Mike Baldwin on Aug 10, 2023
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit affirmed a district court’s grant of a motion to dismiss for lack of personal jurisdiction, finding that a single online sale did not establish minimum contacts to support personal jurisdiction. Kendall Hunt Publishing Company v. The Learning Tree Publishing Corporation, Case No. 22-1885 (8th Cir. July...
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If at First You DuPont Succeed, Try a Different Factor
By Mike Baldwin on Jul 13, 2023
Posted In Trademarks
The US Court of Appeals for the Federal Circuit remanded a Trademark Trial & Appeal Board decision, finding that the Board incorrectly analyzed several DuPont factors, improperly disregarded the DuPont factor regarding third-party registration on similar goods, permitted the opposer to succeed without a showing of identical marks for identical goods used in the marketplace...
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District Court Finding Doesn’t Preclude PTAB Proceeding
By Mike Baldwin on Jun 15, 2023
Posted In America Invents Act, Patents
The Patent Trial & Appeal Board refused to terminate an inter partes review (IPR) proceeding, finding that collateral estoppel and claim preclusion do not apply to previous findings from a district court proceeding. Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, Paper No. 128 (PTAB June 3, 2023) (Melvin, Giannetti, McNamara, APJs). Patent Quality...
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Allegations in Complaint Prevail over Statements in Exhibit
By Mike Baldwin on Apr 20, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit, prioritizing specific allegations in the complaint over disclosures in exhibits to the complaint, reversed and remanded a district court decision dismissing an original complaint, denying leave to file an amended complaint. Healthier Choices Management Corp. v. Philip Morris USA, Inc.; Philip Morris Products S.A., Case Nos....
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Swing and a Miss: Failed Interferences Don’t Affect Later Ones
By Mike Baldwin on Jan 19, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s (Board) interference decision finding that priority belonged to the junior party based on sufficiently corroborated reduction to practice. Dionex Softron GmbH v. Agilent Technologies Inc., Case No. 21-2372 (Fed. Cir. Jan. 6, 2023) (Reyna, Chen, Stark, JJ.) Both parties...
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Burdens Can’t Be Avoided No Matter How They’re Dressed Up
By Mike Baldwin on Jan 5, 2023
Posted In Patents
Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of the other patent and vacated dismissal of an inequitable conduct defense. Mosaic Brands, Inc. v. Ridge Wallet LLC, Case Nos....
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The Board Is Back in Town: Arthrex Can’t Save Untimely Motions to Terminate
By Mike Baldwin on Sep 29, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) unpatentability finding and denial of a motion to terminate, finding that the Board had already issued final written decisions that were not vacated at the time the Board denied the parties’ motion to terminate. Polaris Innovations Ltd. v....
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PTO Can and Should Use Alice/Mayo Framework to Assess Eligibility
By Mike Baldwin on Sep 1, 2022
Posted In Patents
Addressing a challenge of the Alice/Mayo framework in the context of the Administrative Procedure Act (APA) and the Fifth Amendment’s due process clause, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision finding that patent claims directed to analyzing social security benefit applications were patent ineligible...
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