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Thomas DaMario focuses his practice on intellectual property litigation and patent prosecution. Read Thomas DaMario's full bio. 

Greek God or Continent? Defining “Confusing Similarity” under the Anti-Cybersquatting Consumer Protection Act


By on Sep 2, 2021
Posted In Trademarks

Examining whether a registered mark and a domain name were confusingly similar under the Anti-Cybersquatting Consumer Protection Act (ACPA), the US Court of Appeals for the 11th Circuit affirmed the district court’s grant of summary judgment in favor of the trademark owner because the mark and domains are nearly identical in sight, sound and meaning....

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Prosecution History Prevents Patent Owner from “Intercepting” Win on Appeal


By on May 20, 2021
Posted In Patents

In reviewing whether the Patent Trial & Appeal Board (Board) correctly interpreted the meaning of “intercepting” in the context of Voice over Internet Protocol (VoIP) technology, the US Court of Appeals for the Federal Circuit found that the claim language and prosecution history supported the Board’s decision. The Court thus affirmed the Board’s construction and...

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2G or Not 2G: Patent License Applies to Future Generation Wireless Networks


By on Feb 18, 2021
Posted In Patents

In interpreting a patent license agreement originally drafted in the era of third generation (3G) cellular networks, the US Court of Appeals for the Federal Circuit found that the license agreement covered subsequent wireless network generations, affirming a district court decision that infringement claims were barred by the license agreement and the doctrine of patent...

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Stick to the Fax: Conflicting Statements Made During Prosecution Lead to Indefiniteness


By on Feb 18, 2021
Posted In Patents

In deciding whether use of the term “passive link” to define a connection between a computer terminal and a fax machine rendered a patent claim indefinite, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of invalidity based on conflicting statements made by the patent owner during prosecution. Infinity Computer...

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Jetting along the Thin Line between Appellate Standing and Admitting Infringement


By on Jan 14, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit found that an inter partes review (IPR) petitioner that had not been accused of infringement had standing to appeal a final decision in an IPR because the petitioner alleged facts establishing that there was a substantial risk of infringement of the challenged claims. General Elec. Co....

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Amended Opinion Hedges Constitutionality of Punitive Damages Award


By on Dec 10, 2020
Posted In Trade Secrets

The US Court of Appeals for the Seventh Circuit amended its August 2020 opinion in Epic Systems v. Tata Consultancy to clarify that its analysis of punitive damages applies only to this particular case. Epic Systems Corp. v. Tata Consultancy Services Ltd., Case Nos. 19-1528, -1613 (7th Cir. Nov. 19, 2020) (Kanne, J.) In the...

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Analogous Art Includes Reference a Skilled Artisan Would Reasonably Consult


By on Nov 19, 2020
Posted In Patents

Addressing the standard for determining whether a prior art reference constitutes analogous art for purposes of an obviousness analysis, the US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial and Appeal Board decision that a reference was not analogous. The Court explained that the Board did not consider the purpose...

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Define Frustration: Appealing from Decision in Suit Against Co-Owner’s Wholly Owned Subsidiary with Major Issues Still Undecided


By on Oct 22, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated a grant of summary judgment of non-infringement and remanded for resolution of numerous factual issues in a case addressing “extremely frustrating” issues involving the litigant’s failure to differentiate statutory prerequisites for bringing suit under 35 USC §262 and Article III standing, waiver of a co-owner’s...

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Epic Punitive Damages Award Violates Due Process


By on Sep 3, 2020
Posted In Trade Secrets

Addressing the appropriateness of three separate damages awards totaling $520 million, the US Court of Appeals for the Seventh Circuit affirmed the lower court’s award of $140 million in compensatory damages, but found that $280 million in punitive damages does not meet the Due Process Clause of the Fourteenth Amendment. Epic Systems Corp. v. Tata...

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Challenge to PTAB’s Finding of Non-Obviousness Fails to Pay Out


By on Aug 13, 2020
Posted In America Invents Act, Patents

Addressing whether the Patent Trial and Appeal Board (PTAB) ran afoul of the Administrative Procedure Act (APA) in finding that a dependent claim was valid despite the patent owner’s lack of validity arguments beyond those advanced for the corresponding and invalid independent claim, the US Court of Appeals for the Federal Circuit affirmed the PTAB’s...

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