Sarah Mezini
Subscribe to Sarah Mezini's PostsSarah Mezini focuses her practice on intellectual property litigation matters. Read Sarah Mezini's full bio.
Fintiv Guidelines for Post-Grant Proceedings Involving Parallel District Court Litigation
By Sarah Mezini on Apr 3, 2025
Posted In Patents
On March 24, 2025, the US Patent & Trademark Office (PTO) released new guidance that clarifies application of the Fintiv factors when reviewing validity challenges simultaneously asserted at the Patent Trial & Appeal Board and in district court or at the US International Trade Commission. This guidance follows the PTO’s February 28, 2025, announcement reverting...
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The Clear and Unmistakable Standard for Applying Prosecution Disclaimer
By Sarah Mezini on Apr 3, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet Cardiovascular LLC v. Abiomed Inc., Abiomed R&D, Inc., Abiomed Europe GMBH, Case No. 23-2045 (Fed. Cir. Mar. 21, 2025) (Reyna, Taranto,...
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PTO Reverts to Prior Post-Grant Guidelines for Cases Involving Parallel District Court Litigation
By Sarah Mezini on Mar 13, 2025
Posted In Patents
On February 28, 2025, the acting director of the US Patent & Trademark Office (PTO) announced that the agency will revert to previous guidelines for discretionary denials of petitions for post-grant proceedings where there is ongoing district court litigation. This announcement rescinds the PTO’s June 21, 2022, memorandum entitled “Interim Procedure for Discretionary Denials in...
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No Co-Inventorship Absent Corroborated Conception
By Sarah Mezini on Jan 23, 2025
Posted In Patents
In a patent case concerning cryptocurrency data mining, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment and its ruling that a state law conversion claim was preempted by patent law of inventorship. The Court also affirmed the denial of a correction to the inventorship claim. BearBox...
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Ghostly Misstep: No Confusion Means No Preliminary Injunction
By Sarah Mezini on Dec 5, 2024
Posted In Trademarks
In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish likelihood of confusion. US Ghost Adventures, LLC v. Miss Lizzie’s Coffee LLC, Case No. 23-2000 (1st Cir. Nov. 15, 2024) (Selya, Barron,...
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